The Connecticut Appellate Court upheld a trial court’s decision to deny the state’s motion to dismiss a suit claiming that it was negligent when it transferred a patient to an out-of-state facility where she later died.

Edward Jakobowski, the administrator of the estate and father of Melinda Jakobowski, filed a claim with the Office of the Claims Commissioner in February 2012 alleging that his daughter’s February 2011 death resulted because the Connecticut Department of Mental Health and Addiction Services recommended that she be transferred to the Florida Institute of Neurological Rehabilitation. Jakobowski’s complaint alleged the staff at the Florida facility committed multiple policy and protocol violations resulting in her death.