DocketNumber: No. CV94 31 77 63
Citation Numbers: 1995 Conn. Super. Ct. 6678
Judges: HAUSER, JUDGE. CT Page 6679
Filed Date: 6/2/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The defendants filed a motion to strike the February 8, 1995 complaint and a supporting memorandum on February 28, 1995. The plaintiff filed an objection to the motion and a memorandum in opposition to the motion on March 11, 1995. The defendants filed a reply memorandum on March 27, 1995. The plaintiff filed her own response brief on April 3, 1995.
"Whenever any party wishes to contest (1) the legal sufficiency of the allegations of any complaint, counterclaim or cross claim, or of any one or more counts thereof, to state a claim upon which relief can be granted . . . that party may do so by filing a motion to strike the contested pleading or part thereof." Bouchard v. People's Bank,
The defendants initially argue that the plaintiff's complaint must be stricken because the plaintiff has failed to identify the duty owed to the decedent. The defendants also argue that the court should strike CT Page 6680 the complaint on the ground that they were exercising the rights of possessors of property and that the plaintiff did not sufficiently allege a claim of premises liability. They contend that the only duty which may be construed from the allegations of the complaint is the duty of care owed to a trespasser, in which case the complaint would fail as the defendants did not breach the duty of care owed to a trespasser.
In opposition the plaintiff summarizes her action, stating that it "is not a premise liability claim, but a wrongful death action arising from the negligent operation of a motor vehicle, compactor, and recycling bin that was seized by the defendants with the plaintiff in it." The plaintiff further states that her action" also claims a lack of proper supervision, inspection and training insofar as the proper procedures required to prevent such hazards from occurring." The plaintiff claims that since this action is a negligence action, the duty of care is that of a reasonably prudent person.
The court concludes that it need not address whether the complaint is legally sufficient to support a premises liability claim. The plaintiff claims the action is one in negligence, and the court, in interpreting the facts alleged in the complaint in the light most favorable to the plaintiff, read this complaint as alleging a cause of action for negligence.
"The essential elements of a cause of action in negligence are well established: duty; breach of that duty; causation; and actual injury."R.K. Constructors, Inc. v. Fusco Corp.,
In the present case, a perusal of the plaintiff's third amended and revised complaint reveals that the plaintiff has alleged, inter alia, that:
The injuries and damages and untimely death were the result of the negligence and carelessness of the defendant . . . in that: (a) it failed to properly inspect the contents of the recycling container prior to dumping or compacting; . . . (d) it failed to properly instructor train its employee(s) as to the necessity and/or methods of inspecting recycling container contents; (e) it failed to properly instruct or train its CT Page 6681 employee(s) of the necessity and reasonable methods of inspecting compactor contents prior to compacting. . . .
(Third amended and Revised Complaint, para. 10)
Based upon a review of the above allegations, the court finds that the plaintiff has set forth the essential elements of a negligence claim therefore denies the defendants motion to strike.
LAWRENCE L. HAUSER, JUDGE