Lavina Williams v. Anthony Quinitchett et al. (2012)

MEMORANDUM OF DECISION RE MOTION TO STRIKE (# 111)

The defendant moves to strike the third count of the plaintiff's complaint, which alleges a claim against the defendant for recklessness under General Statutes § 42–295, on the ground that the plaintiff fails to allege facts sufficient to set forth a legally sufficient recklessness claim.   Specifically, the defendant contends that the plaintiff fails to allege the particular manner in which his actions rose to the level of recklessness.

In count three, the plaintiff alleges that the defendant operated the vehicle with reckless disregard of General Statutes §§ 14–218a, 14–219, 14–222 and 14–230 and that such violations were a substantial factor in causing the injuries the plaintiff suffered.   In accord with this court's prior rulings, an allegation that a defendant deliberately or recklessly violated § 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.   See DeRosa v. Evans, Superior Court, judicial district of New Haven, Docket No. CV 10 6015111 (April 14, 2011, Woods, J.);   Chowaniec v. Deloughery, Superior Court, Judicial District of New Haven, Docket No. CV 08 5020890 (February 3, 2011, Woods, J.).

As pleaded, count three of the plaintiff's complaint is legally sufficient to satisfy a cause of action for recklessness.   Accordingly, the court denies the defendant's motion to strike count three.

Woods, J.

Woods, Glenn A., J.