Jamie Hill v. Brad Engelhard (2014)

MEMORANDUM OF DECISION

This case arises from a motor vehicle collision on January 4, 2013 on Pine St. in Bristol, Connecticut.   The plaintiff brought suit to recover damages for personal injuries allegedly sustained in the accident.   At issue in the defendant's Motion to Strike is Count Two alleging statutory recklessness against defendant Engelhard under Connecticut General Statutes § 14–295.

The parties recognize that there is a split in authority among the Superior Courts regarding the standard necessary to sustain Connecticut General Statute § 14–295 claim of recklessness against a defendant's motion to strike such a count.

Plaintiff further alleges that the defendant violated Connecticut General Statutes § 14–222 with a specific state of mind which constitutes recklessness under Connecticut General Statutes § 14–295.

The court is relying on Practice Book § 10–25 which allows the plaintiff to plead in the alternative, sounding in both negligence and recklessness.   Robbins v. Gondek, 2008 Conn.Super.Lexis 6505–6 (March 18, 2008);  Hand v. Moore, 2005 Conn.Super.Lexis 2657 (September 26, 2005) [40 Conn. L. Rptr. 83].   In this case, the Court adopts the majority position concerning any claims of recklessness.

Therefore, the allegations contained in the Second Count are legally sufficient to survive the defendant's Motion to Strike.  Craig v. Driscoll, 262 Conn. 312, 321 (2003).

Therefore the defendant's Motion to Strike Count Two of the complaint is hereby denied.

BY THE COURT

V. ROCHE, J.

Roche, Vincent E., J.