DocketNumber: No. CV 00 0178702
Citation Numbers: 2001 Conn. Super. Ct. 13260
Judges: LEWIS, JUDGE. CT Page 13261
Filed Date: 9/24/2001
Status: Non-Precedential
Modified Date: 4/18/2021
The defendant filed a number of special defenses to the complaint, and the plaintiff in turn filed a motion (#116) to strike these special defenses. "A party wanting to contest the legal sufficiency of a special defense may do so by filing a motion to strike." Barasso v. Rear StillHill Road, LLC.,
The first special defense which is the subject of the motion to strike states that the complaint "fails to state a cause of action upon which relief may be granted." In opposing the motion to strike, the defendant cites a 1995 case in which the undersigned denied a motion by the plaintiff in that case to strike a special defense which simply stated that an allegation that the plaintiff had violated "CUTPA"1 was legally insufficient. The court relied on a footnote in Robert S. Weiss Associates v. Wiederlight,
The second and third special defenses contend that the plaintiff himself and some other unnamed individuals, respectively, were themselves negligent, which negligence was the cause of any injuries that the plaintiff had sustained. These defenses do not comply with the provisions of Practice Book §
The fourth special defense claims the benefit of the "Shipowner's Limitation of Liability Act, 46 United States Code 183 et seq." The defendant's amended answer including the same special defense fails to set forth any facts detailing how or in what manner that federal statute absolves the defendant of liability for the plaintiff's alleged CT Page 13262 injuries. It is axiomatic in this state that: "A motion to strike is properly granted if the [pleading] alleges mere conclusions of law that are unsupported by the facts alleged." Novametrix Medical, Systems, Inc.v. BOC Group, Inc.,
The fifth special defense contends that the plaintiff "failed to mitigate" his alleged injuries. The plaintiff did not file a request to revise as authorized by Practice Book §
In any event, several appellate cases have permitted such a special defense, viz., Preston v. Keith,
The sixth special defense was withdrawn by agreement of counsel.
Ordered.
William B. Lewis, J.T.R.