Cecie Potter v. Riverview East Condominium Associates, Inc. et al. (2011)

MEMORANDUM OF DECISION RE MOTIONS TO STRIKE (103.00, 116.00)

The plaintiff Potter has made negligence and reckless claims against three defendants.

Riverview East Condominium Associates (Riverview), and Felner Corporation (Felner), which are alleged to operate and maintain property located at 148 East Avenue, Norwalk, Connecticut, and Norwalk Radiology Consultants, P.C. (Consultants) a unit owner or tenant at that location.   The plaintiff alleges that on September 23, 2008 she was a business invitee at the premises who was directed to use a bathroom facility there and, while using the toilet for its intended purpose, slipped or fell from the toilet because the toilet seat was not adequately secured.   Consultants filed a motion to strike the reckless claims against it (Count 6), Dkt. Entry 103.00;  Riverview and Felner have made a similar motion directed at Count 2 (Riverview) and Count 4 (Felner).   Dkt. Entry 116.00.

The court has applied the well known scope of review applicable to motions to strike, and determines that these motions should be denied.   While the issue is relatively close, the plaintiff has alleged sufficient facts to support a reckless claim.   It is alleged that there was nothing attaching the seat to the toilet;  that the toilet was in a specially designated and designed bathroom for those with physical disabilities, that the defendants and their agents knew it would be used by disabled persons, and that defendants' agents had actual knowledge of the seat's condition and had no intention of fixing it.   Taking these allegations to be true, as the court must on a motion to strike, these allegations are sufficient to allege conduct that is in reckless disregard of another's rights.

The motions to strike are denied.

TAGGART D. ADAMS

SUPERIOR COURT JUDGE

Adams, Taggart D., J.