Crisalida Lage v. LLC (2011)

MEMORANDUM OF DECISION IN RE MOTION TO STRIKE (# 128)

The defendant moves to strike Count Three of the plaintiff's amended Complaint dated July 18, 2011 on the ground that Connecticut does not recognize a cause of action for negligent spoliation of evidence.

This action originated as a result of an alleged slip and fall incident involving the plaintiff that occurred on April 3, 2009.   Video footage of the incident was taken and eventually lost.   The plaintiff's amended complaint includes a cause of action for intentional and negligent spoliation of evidence.

DISCUSSION

“The purpose of a motion to strike is to contest ․ the legal sufficiency of the allegations of any complaint ․ to state a claim upon which relief can be granted.”  (Internal quotation marks omitted.)  Fort Trumbull Conservancy, LLC v. Alves, 262 Conn. 480, 498, 815 A.2d 1188 (2003).

“[I]f facts provable in the complaint would support a cause of action, the motion to strike must be denied.”  (Internal quotation marks omitted.)   American Progressive Life & Health Ins. Co. Of New York v. Better Benefits, LLC, 292 Conn. 111, 120, 971 A.2d 17 (2009).  “A motion to strike is properly granted if the complaint alleges mere conclusions of law that are unsupported by the facts alleged.”  (Internal quotation marks omitted.)  Fort Trumbull Conservancy, LLC v. Alves, supra, 262 Conn. 498.   The court must “construe the complaint in the manner most favorable to sustaining its legal sufficiency.”   (Internal quotation marks omitted.)  American Progressive Life & Health Ins. Co. Of New York v. Better Benefits, LLC, supra, 292 Conn. 120.

There is no Supreme Court or Appellate Court authority in the State of Connecticut to support a cause of action for negligent spoliation.   In Rizzuto v. Davidson Ladders, Inc., 280 Conn., 225, 251 (2006) the Supreme Court did recognize a cause of action for intentional spoilation of evidence.   The court did not extend this cause of action for negligent spoliation of evidence.

For the above stated reasons, this court grants the defendant's motion to strike Count Three requesting a cause of action for negligent spoliation of evidence.

Brian T. Fischer, J.

Fischer, Brian T., J.