On September 27, 2021 a
Motion-Secondary
was filed
involving a dispute between
Cheryl Chiari-Mccarthy,
and
Edahol Independent Distributor, Inc.,
Edgardo Hoyos,
for V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s)
in the District Court of New Haven County.
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DOCKET NO. NNH-CV21-6117634-S : SUPERIOR COURT
CHERYL CHIARI-MCCARTHY : J.D. OF NEW HAVEN
VS. : AT NEW HAVEN
EDGARDO HOYOS, ET AL. : MARCH 17, 2024
OBJECTION TO MOTION FOR ORDER OF COMPLAINCE
Pursuant to Connecticut Rules of Civil Procedure, the Plaintiff hereby objects to the
defendants Motion for Order dated and filed on March 1, 2024. Defendant seeks to bar the
plaintiff from offering evidence related to her knee replacement surgery which she underwent
following the motor vehicle collision that underlies this lawsuit. The defendant’s Motion turns on
what is a similar or related condition to what the plaintiff claims here, namely a knee
replacement surgery. Defendant points to complaints of knee pain more than a decade ago and a
knee hyperextension injury which occurred a few months before this collision. However, none of
prior knee treatment records ever consider surgical intervention or joint replacement as an
option. Nonetheless, plaintiff updated her discovery responses indicating the prior treatment
(Right knee MRI) and said knee condition (hyper extension). The question of whether or not the
plaintiff’s knee surgery is related, is a question best left to a jury.
WHEREFORE, the Plaintiff objects to the defendants’ Motion for Order.
THE PLAINTIFF,
By: /s/ 436238____________
STEPHEN C. HAAS
Weber & Rubano, LLC
401 Center Street
Wallingford, CT 06492
Phone: (203) 626-9172
Fax: (203) 626-9175
CERTIFICATION
I hereby certify that a copy of the foregoing has been e-mailed to the following:
MARKEY BARRETT PC (437463)
360 BLOOMFIELD AVENUE
SUITE 301
WINDSOR, CT 06095
s/ 436238_________
STEPHEN C. HAAS
Commissioner of the Superior Court
Document Filed Date
March 18, 2024
Case Filing Date
September 27, 2021
Category
V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s)
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DOCKET NO. NNH-CV21-6117634-S : SUPERIOR COURT CHERYL CHIARI-MCCARTHY : J.D. OF NEW HAVEN VS. : AT NEW HAVEN EDGARDO HOYOS, ET AL. : MARCH 17, 2024 OBJECTION TO MOTION FOR ORDER OF COMPLAINCE Pursuant to Connecticut Rules of Civil Procedure, the Plaintiff hereby objects to the defendants Motion for Order dated and filed on March 1, 2024. Defendant seeks to bar the plaintiff from offering evidence related to her knee replacement surgery which she underwent following the motor vehicle collision that underlies this lawsuit. The defendant’s Motion turns on what is a similar or related condition to what the plaintiff claims here, namely a knee replacement surgery. Defendant points to complaints of knee pain more than a decade ago and a knee hyperextension injury which occurred a few months before this collision. However, none of prior knee treatment records ever consider surgical intervention or joint replacement as an option. Nonetheless, plaintiff updated her discovery responses indicating the prior treatment (Right knee MRI) and said knee condition (hyper extension). The question of whether or not the plaintiff’s knee surgery is related, is a question best left to a jury. WHEREFORE, the Plaintiff objects to the defendants’ Motion for Order. THE PLAINTIFF, By: /s/ 436238____________ STEPHEN C. HAAS Weber & Rubano, LLC 401 Center Street Wallingford, CT 06492 Phone: (203) 626-9172 Fax: (203) 626-9175 CERTIFICATION I hereby certify that a copy of the foregoing has been e-mailed to the following: MARKEY BARRETT PC (437463) 360 BLOOMFIELD AVENUE SUITE 301 WINDSOR, CT 06095 s/ 436238_________ STEPHEN C. HAAS Commissioner of the Superior Court