“Non-delegable Duty” – Groundbreaking Appeal Decision

by Eric J. Stockman and Simon I. Allentuch

July 23, 2015

Attorneys Eric Stockman and Simon Allentuch recently won a groundbreaking appeal decision on behalf of Stamford Hospital in Tiplady v. Maryles, et al. In Tiplady, plaintiff claimed that Stamford Hospital could be liable for the acts of emergency room physicians under a novel theory of “non-delegable duty”, the premise of which is that various state and federal regulations require hospitals to provide emergency room services and thus mandate that hospitals be liable for the care rendered therein. Attorney Stockman has successfully argued at the trial court level that plaintiff’s claims were not viable as a matter of law. The Connecticut Appellate Court agreed, and in an issue of first impression for any appellate court in the state, held that a claim for non-delegable duty does not exist in Connecticut.