Harvey DeRosa v. Kyra Evans (2011)

ORDER RE MOTION TO STRIKE (# 114)

The defendant moves to strike count two of the plaintiff's complaint, which alleges recklessness in accordance with General Statutes § 14–295, on the ground that the plaintiff fails to allege facts sufficient to set forth a legally sufficient recklessness claim.   Specifically, count two alleges that the defendant deliberately and/or with reckless disregard operated a motor vehicle in violation of § 14–218a and/or § 14–222 and that such violation was a substantial factor in causing the injuries the plaintiff suffered.   In accord with this court's prior rulings, an allegation of a deliberate or reckless violation of § 14–218a, or any of the other statutes enumerated in § 14–295, and an allegation that such violation was a substantial factor in causing the plaintiff's injuries is sufficient to set forth a statutory recklessness claim.   Chowaniec v. Deloughery, Superior Court, Judicial District of New Haven, Docket No. CV 08 5020890 (February 3, 2011, Woods, J.).   Accordingly, the defendant's motion to strike count two is hereby denied.

Woods, J.

Woods, Glenn A., J.