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  Judiciary Committee Approves Extending Statute Of Limitations; Related To Case Of Dr. Reardon At St. Francis

By Christopher Keating
Hartford Courant
March 29, 2010

http://blogs.courant.com/capitol_watch/2010/03/judiciary-committee-debates-ex.html

CONNECTICUT -- The judiciary committee narrowly approved a controversial bill Monday that would eliminate the statute of limitations for civil lawsuits in cases of sexual abuse.

The measure was approved, 23 to 20, on a topic that divided both Republicans and Democrats.

Currently, the law allows lawsuits by those up to the age of 48, which is 30 years after reaching the age of 18. If adopted into law, Connecticut would become the fourth state in the nation to eliminate the statute.

The bill - House Bill 5473 - is related to the case of the late Dr. George Reardon, a former physician at St. Francis Hospital and Medical Center in Hartford. Multiple lawsuits are pending in that case against St. Francis and the Archdiocese of Hartford.

Sen. Paul Doyle, a Wethersfield Democrat, said he has a problem with an unlimited statute of limitations because the limit in many personal injury cases is three years. An attorney, Doyle said the defendants in a lawsuit have the right to defend themselves, and some of the potential witnesses in the case might have died.

"Today, of course, we have the emotion before us," Doyle said. "No one can disregard the emotion and the seriousness of it. ... But it's my job to vote on what's in the best interest of both sides."

"I have some constitutents who are going to be upset with my vote," Doyle said. "I think I will vote no."

Rep. Michael P. Lawlor, an East Haven Democrat who co-chairs the committee, noted during the debate Monday that someone can sue a dead person - through the form of their estate.

"This would apply to future cases as well," said Lawlor, who voted in favor of the bill.

Some lawmakers said during the debate that they were struggling with a difficult issue.

"I have no sympathy for anyone who commits these acts," said Rep. William Hamzy, adding that those who are guilty of such acts "will answer to a higher being."

"I don't want my opposition to this bill to be read as being sympathetic to anyone who engages in this type of conduct," Hamzy said. "The whole concept of statute of limitations has a long history in our jurisprudence."

Rep. Themis Klarides, an attorney and deputy House Republican leader, said, "This is clearly partly a religious debate in a sense. ... I would have to lean in the direction of the victim having that right."

Rep. Arthur O'Neill, a Southbury Republican who serves as the committee's ranking member, asked how a photograph of a child could be connected to a particular defendant.

"You'd have to have some documentary evidence to directly link the defendant with the conduct," Lawlor replied.

 
 

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