Nicola Dimeo v. Joseph LaRosa (2011)

MEMORANDUM OF DECISION

The defendant, Joseph LaRosa, again has moved to strike the second count of the amended complaint of the plaintiff, Nicola Dimeo, for its failure to state a cause of action for reckless conduct.   The plaintiff has filed an objection.

Previously, this court had granted the defendant's prior motion to strike on the same grounds.   See Memorandum of Decision re:  Motion to Strike, November 10, 2010.   The plaintiff has now pleaded over adding only that the defendant “had consumed alcohol,” and was told by the plaintiff to “stop” and that someone was going to “get hurt.”

The plaintiff argues that these additional facts are sufficient to state a claim for reckless conduct.   This court disagrees.   See Matthiessen v. Vanech, 266 Conn. 822, 832-33, 836 A.2d 394 (2003);  and this court's previously cited memorandum of decision.   The motion to strike is granted.

BY THE COURT

Jack W. Fischer, Judge

Fischer, Jack W., J.