Lisa Hall v. LLC (2011)

MEMORANDUM OF DECISION IN RE MOTION TO STRIKE (# 108)

The defendant, Scott W. Nicoll, moves to strike count one of the plaintiff's amended complaint, which alleges statutory recklessness in accordance with General Statutes § 14–295 on the ground that the plaintiff fails to plead the necessary factual predicate to set forth a legally sufficient claim under § 14–295.   The defendant also moves to strike paragraph two of the plaintiff's prayer for relief seeking double and treble damages pursuant to § 14–295.   Count one alleges that the defendant deliberately or with reckless disregard operated his motor vehicle in violation of General Statutes §§ 14–218a and 14–222, and that such violations were a substantial factor in causing injury to the plaintiff, Lisa Hall. In accord with the previous decisions of this court, a claim under § 14–295 is legally sufficient if the plaintiff alleges that the defendant deliberately or with reckless disregard violated any of the statutes enumerated in § 14–295, and further pleads that such violation was a substantial factor in causing the plaintiff's injuries.   See, e.g., Chowaniec v. Deloughery, Superior Court, judicial district of New Haven, Docket No. CV 08 5020890 (February 3, 2011, Woods, J.).   Accordingly, the court denies the defendant's motion to strike count one and the corresponding prayer for relief.

Woods, J.

Woods, Glenn A., J.