Eamonn Loughman v. LLC (2011)

MEMORANDUM OF DECISION

On November 2, 2010, defendant, Park Square West, LLC filed a Motion to Strike all three counts of the plaintiff's July 14, 2010 Revised Complaint.   The Plaintiff filed an objection to the Motion to Strike on December 3, 2010.   The Court heard oral argument on the Motion to Strike and the Objection on January 13, 2011.   At the hearing the Court granted the Motion to Strike as to Count One of the complaint and gave the parties time to brief the issues on the other two counts.   The parties filed brief and supplemental memorandum of law on January 27, 2011 and February 8, 2011.

The Motion to Strike is granted as to Count Two. This claim is barred by the statute of limitations C.G.S.52–584 provides that “no action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except that a counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed.”

In this case, the plaintiff claims he started to experience his symptoms in November 2005.¹  He further alleges that he discovered the pure black mold and even mushrooms growing out of the wall in September 2006.²  This action was served on the defendant by writ summons and complaint on January 28, 2010 and filed on February 8, 2010.   That is clearly more than three years from the date of the act or omission complained of by this plaintiff.   In fact, this action was brought more than four years after claimed injury from negligence.

As to Count Three, the plaintiff provides that notice was given of the alleged defect on or about September 6, 2006 ³ by letter and phone messages, but there is no allegation that the landlord had prior notice previous to this date.   In fact, when notice was given, the landlord acted to correct the problem five or six days later.

Therefore, the motion to strike is granted as to all remaining counts.

By the court

Grogins, J.

FOOTNOTES

FN1. Paragraph 9, Count 2 “․ Plaintiff experienced pain suffering anxiety, emotional trauma, lost income and has and will to continue to have to expend sums for medical care and treatment, specifically starting in November 2005 ․”.  FN1. Paragraph 9, Count 2 “․ Plaintiff experienced pain suffering anxiety, emotional trauma, lost income and has and will to continue to have to expend sums for medical care and treatment, specifically starting in November 2005 ․”

FN2. Paragraph 4, Count 2..  FN2. Paragraph 4, Count 2.

FN3. Paragraph 7, Count 2..  FN3. Paragraph 7, Count 2.

Grogins, Jack L., J.T.R.