Deleo v. Nusbaum
Deleo v. Nusbaum
Opinion of the Court
Opinion
The plaintiff, David DeLeo, appeals
The record reveals the following facts and procedural history. On June 27, 1996, the plaintiff commenced this malpractice action against the defendants.
The plaintiff appealed from the trial court’s judgment, and, in DeLeo v. Nusbaum, 263 Conn. 588, 597, 821 A.2d 744 (2003), this court adopted a continuing representation rule under which the statute of limitations is tolled “when the plaintiff can show: (1) that the defendant continued to represent him with regard to the same underlying matter; and (2) either that the plaintiff did not know of the alleged malpractice or that the attorney could still mitigate the harm allegedly caused by that malpractice during the continued representation period.” (Emphasis in original.)
On remand, the trial court held a hearing but did not allow the plaintiff to present additional evidence on the issue of when he had discovered the defendants’ alleged negligence. After considering the parties’ oral arguments and examining the record, the trial court concluded that “the jury could reasonably find only that the plaintiff had knowledge of Nusbaum’s legal malpractice on or before June 22, 1993,
Our examination of the record and our consideration of the parties’ arguments persuade us that the judgment of the trial court should be affirmed. See In re Heather L., 274 Conn. 174, 178, 874 A.2d 796 (2005). The issues were resolved properly in the trial court’s concise and well reasoned memorandum of decision. See DeLeo v. Nusbaum, supra, 49 Conn. Sup. 366. Accordingly, we adopt it as a proper statement of the issues and the applicable law concerning those issues. See In re Heather L., supra, 179.
The judgment is affirmed.
The plaintiff appealed from the trial court’s judgment to the Appellate Court and, upon a motion by the plaintiff, we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-2.
The plaintiff claims, inter alia, that the defendants negligently represented him in a dissolution of marriage action.
On that date, the plaintiff sent a letter to his wife, in which he wrote, “[i]ncident[al]ly, you[r] lawyers have not only committed malpractice in handling this case but are guilty of billing fraud,” and “my lawyer has not done much better.”
Reference
- Full Case Name
- DAVID DELEO v. EDWARD NUSBAUM
- Cited By
- 1 case
- Status
- Published