Michael Lancaster v. III (2013)

MEMORANDUM OF DECISION

The plaintiff, Michael Lancaster, who is a police officer, brought this action seeking redress for injuries alleged to have resulted from an altercation on the defendant, Robert L. Jenkins, Jr.'s property by way of an incident with the defendant's son.   The defendant has moved to strike count six of the complaint on the grounds that the plaintiff has failed to state a viable claim in negligence because the plaintiff has failed to allege that special custodial relationship existed.   See e.g., Kaminski v. Town of Fairfield, 216 Conn. 29 (1990).   The defendant also moves to strike on the grounds that the plaintiff has failed to state a viable claim under the Connecticut Firefighter's Rule, see e.g., Furstein v. Hill, 218 Conn. 610 (1991).   The plaintiff filed for an extension of time to respond to the motion to strike but never filed any response or objection.   After careful review of count six of the complaint, this court agrees with the defendant on both arguments and the count is ordered stricken.

BY THE COURT

Jack W. Fischer, Judge

Fischer, Jack W., J.