DocketNumber: No. 114658
Citation Numbers: 1994 Conn. Super. Ct. 5008
Judges: SYLVESTER, J.
Filed Date: 5/5/1994
Status: Non-Precedential
Modified Date: 4/18/2021
The intervening plaintiff argues that according to [Durniakv. August Winter and Sons, Inc.,]
The defendant argues that "the defendant['s] . . . rights to have their contribution diminished by negligence of another party or parties is not proscribed by Durniak."
An intervening plaintiff may move to strike a special defense alleged in response to plaintiff's complaint. See, e.g., [Salvatore v. Giroux,] Superior Court, judicial district of Hartford/New Britain at Hartford, Docket No. 396744 (February 21, 1992, Corrigan, J.). In [Durniak v. August Winter Sons,Inc.,] supra, 777, 783, the court held that a "third party tortfeasor may [not] raise the negligence of the employer as a special defense when the employer has intervened in the personal injury action as party plaintiff in order to secure the employer's statutory right to reimbursement of workers' compensation benefits." "Because an employer's right to obtain reimbursement from a third party tortfeasor is a statutory claim CT Page 5009 that is derived in its entirety from §
On the other hand, the employer's right to recover in this action derives from the employee's rights. [Dapice v. EasternElevator, Co., Inc.,]
Accordingly, the intervening plaintiff's motion to strike the defendant's first special defense to the plaintiff's complaint is granted only insofar as it relates to the negligence of the intervening plaintiff.
/s/ Sylvester, J. SYLVESTER