DocketNumber: No. CV-01-276085 S
Citation Numbers: 2001 Conn. Super. Ct. 11289
Judges: BOOTH, JUDGE.
Filed Date: 8/16/2001
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiffs filed a one-count complaint alleging that DeFelice was negligent and that his negligence caused the plaintiffs to sustain personal injuries. The defendants answered the complaint, raising negligence on the part of Delmonica for Carlona's injuries as a special defense. The defendants, thereafter, filed an apportionment complaint against Delmonica. Delmonica now moves to strike the apportionment complaint.
General Statutes §
"In a negligence action to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987, if the damages are determined to be proximately caused by the negligence of more than one party, each party against whom recovery is allowed shall be liable to the claimant only for such party's proportionate share of the recoverable economic damages and the recoverable noneconomic damages except as provided in subsection (g) of this section." General Statutes §
The apportionment complaint and the special defense filed by the defendants serve the same purpose: to apportion liability pursuant to General Statutes §
Delmonica's motion to strike the apportionment complaint is granted.
By the Court,
Kevin E. Booth Judge of the Superior Court