DocketNumber: No. CV93-0526001 S
Judges: CORRADINO, J.
Filed Date: 6/6/1994
Status: Non-Precedential
Modified Date: 4/18/2021
The subject of this motion to strike is the second special defense which states:
2. Plaintiff's award of damages, if any, should be diminished proportionately pursuant to Conn. Gen. Stat.
52-572h , as this accident was caused in whole or in part by the negligence of the plaintiff.
1.
The plaintiff suggests that General Statutes §
But this is a comparative negligence claim and the plaintiff is certainly a party. The defense of comparative negligence should be specially plead. Flemke v. Lester,
2.
The second special defense does not set forth the factual basis on which it rests; but under the rules each pleading must contain "a plain and concise statement of the material facts on which a pleader relies," Practice Book § 108. This rule applies also to special defenses, CountyFederal Savings Loan Assn. v. Eastern Associates. Pleadings that are deficient in this respect are subject to a motion to strike, Pepper v. American Way Homes Inc., 6 Conn. L. Trib. No. 26 p. 17 (1980). The defendant's response that the "facts are alleged in the defendant's first special defense, and this court is permitted to consider those allegations in conjunction with the allegations contained in the second special defense," just won't do and does not comply with the rules. Opposing counsel isn't required to search through the pleadings to determine what factual allegations might or might not support a theory of defense. Pleadings should be unambiguous and the rules of pleading "are designed to clarify and fix the issues and to confine the judicial inquiry necessary to decide the issues within reasonable and relevant limits," Salem Park Inc. v. Salem,
The motion to strike is granted on the last stated ground only.
Corradino, J. CT Page 5971