Dugan v. Mobile Medical Testing Services, Inc

In Dugan v. Mobile Medical Testing Services, Inc., 265 Conn. 791, 830 A.2d 752 (Conn. 2003), the issue was "whether a medical services provider hired by an employer to conduct a physical examination of an employee owes a duty of care to that employee." Id. at 755. Under the facts of the case, either New York or Connecticut law could potentially have been applicable. Id. at 756. The trial court, relying on several unpublished opinions by Connecticut trial courts, determined that there was a false conflict because Connecticut had adopted New York law on the relevant question. Id. at 756 & n.8. The Connecticut Supreme Court rejected the trial court's analysis. Id. at 758. The court concluded that, in the absence of any appellate opinions on point, it could not be said that "Connecticut law is the same as New York law with respect to this issue." Id. Accordingly, the court declined to apply the false conflict doctrine and instead proceeded to conduct a choice-of-law analysis. Id.