State v. Egan
State v. Egan
Opinion of the Court
The defendant appeals from a judgment of the Superior Court awarding the plaintiff damages of $15,122.46 against the estate of the defendant’s decedent. The basic facts of the case are not in dispute.
The decedent, Leonard O. Ritter, a veteran, was admitted to the Veterans’ Home and Hospital,
During his stay at the hospital, Ritter’s sources of income consisted of a Veterans Administration pension and federal social security benefits payments, which he received continuously. No charges were made by the commission against Ritter during his stay; however, all of the funds which he received were deposited each month in a bank account in his name at a Middletown bank, except for a certain sum which Ritter retained for personal expenses. At the time of his death, this bank account contained $15,871.75.
In addition, when Ritter was admitted to the home he agreed in writing to obey the commission’s rules and regulations. One of these rules provides that a veteran at the home turn over his pension check to the commission from which an allowance is remitted. For example, a veteran who goes on furlough receives a certain sum of money from his bank account for his expenses, and is also allowed to withdraw funds to purchase items for his personal use. Ritter, of course, could have left the home voluntarily at any time.
After Ritter’s death, the commission filed a claim against his estate in the amount of $15,307.91, later
After the defendant denied the commission’s claim, the plaintiff brought an action on the claim in the Superior Court, which found the issues in its favor.
The defendant’s argument that Ritter’s admission to the home by the commandant, and not the commission, barred the plaintiff’s claim against the estate is without merit. The court’s finding that the commission formally ratified the action of the commandant, which was based on properly admitted evidence, fully supports its conclusion that Ritter was duly admitted pursuant to the provisions of
The defendant has not challenged the veteran’s liability to pay for medical and surgical care or treatment, food and clothing under General Statutes §27-108 (e)
Furthermore, contrary to the defendant’s claim, the statute does not specify when the commission is to make its determination of the amounts payable for services rendered to veterans, how such determination is to be made, or whether the commission must determine an amount based only on the veteran’s ability to pay during his lifetime or during the time of his actual residence at the home. Indeed, as in this case, posthumous billing of the veteran can make it possible for him to accumulate his income and draw upon these funds for furloughs and other purposes, whereas periodic billing during his lifetime for actual costs incurred might result in a deprivation of all of his assets. The court properly concluded that § 27-108 (c) empowers the commission to determine in its discretion whether the veteran or his estate has the means to pay for services furnished thereunder, the amount to be paid, and the manner and time of payment, and that the deceased had the ability to pay the charges properly billed against his estate by the commission.
The defendant has also claimed that by including administration expenses, general services, and operations of the dairy farm in the per capita rate charged against Ritter, the commission charged costs p-t authorized by § 27-108 (c); error accord
The defendant’s final claim is that the plaintiff’s action was barred by the Statute of Limitations. The defendant has not claimed, either in the trial court by way of special defense or on appeal, that the plaintiff in any way failed to proceed in compliance with the particular time limitations applicable to this ease. See Palmer v. Hartford National Bank & Trust Co., 160 Conn. 415, 433, 279 A.2d 726. There is no merit, then, to his claim. Robbins v. Coffing, 52 Conn. 118, 141, 142.
There is no error.
In this opinion the other judges concurred.
Certain evidentiary rulings assigned as error by the defendant but not briefed are considered abandoned.
“[General Statutes] See. 27-108. admission, discharge, transfer. payment, (a) All male' veterans shall be entitled to admission to the home; and.all veterans who, from disease, wounds or accident, need medical or surgical care and treatment or who have become mentally ill and who have no adequate means of support, shall be entitled to admission to any hospital and to receive necessary food, clothing, care and treatment therein, at the expense of the state. . . .”
“[General Statutes] See. 27-108. admission, discharge, transfer. payment. . . . (c) The commission shaE determine the sum to be paid by such appHeants as it admits to the home or a hospital, who, in the judgment of the commission, are able to pay in whole or in part for their support, and fix the amount to be paid for medical and surgical care or treatment, food and clothing furnished such veterans at the home or at a hospital. . .
Reference
- Full Case Name
- State of Connecticut v. James N. Egan, Administrator (Estate of Leonard O. Ritter)
- Cited By
- 1 case
- Status
- Published