DocketNumber: No. 098218
Judges: MIHALAKOS, JUDGE.
Filed Date: 1/8/1992
Status: Non-Precedential
Modified Date: 7/5/2016
"The function of a motion to strike is to challenge the legal sufficiency of the allegations as set forth in the pleadings." Ferryman v. Groton,
A special defense is a pleading which avoids liability despite the truth of the allegations of the complaint. Pawlinski v. Allstate Ins. Co.,
The plaintiff has brought this action in two counts. He alleges negligence on the part of the defendant in the operation of his motor vehicle and that, as a result of such negligence, he sustained injuries and losses.
Defendant's first special defense alleges that plaintiff's failure to wear a seatbelt resulted in greater damages than would have been incurred if, in fact, a seatbelt had been worn. Further, there is a common law duty to wear a seatbelt.
This issue can be summarily disposed of by reference CT Page 596 to Connecticut General Statutes Section
Motion is granted as to the first special defense.
Defendant's second special defense is that plaintiff's recovery in the present matter should be reduced by compensation already received for damages claimed in this action.
General Statutes Section
Subsection (b) provides:
Upon a finding of liability and an awarding of damages by the trier of fact and before the court enters judgment, the court shall receive evidence from the claimant and other appropriate persons concerning the total amount of collateral sources which have been paid for the benefit of the claimant as of the date the court enters judgment.
This issue has been addressed in a number of Superior Court decisions and there is no clear cut consensus as to whether Section
It is axiomatic that, where the statutory language is clear and unambiguous, construction of the statute by reference to its history and purpose is unnecessary. That axion, however, applies in full force where the language of the statute is absolutely clear on its face and where no ambiguity is raised in applying the statute in a particular case.
Our court in University of Connecticut v. Freedom of Information Commission,
When discussing the nature of Connecticut Public CT Page 597 Acts No. 85-574, now General Statutes Section
Representative Nania stated:
The following point should be made crystal clear to everyone. That in the trial of the case, regarding liability, the fact that there is or is not an insurance policy is never admitted in evidence. It does not come into question. The only time at which the fact that there is or is not insurance comes before the court is once the jury or the court if there's a trial to the court, has already made a decision as to the amount of damages.
28 H.R. Proc., pt. 27, 1985 Sess., p. 9860.
Since the legislative intent as evidenced in the legislative history strongly suggests that evidence of collateral source payments should not be introduced until a decision on the amount of damages has been made, this Court must grant the motion to strike the second special defense.
MIHALAKOS, JUDGE