DocketNumber: No. CV93 0346440
Citation Numbers: 1993 Conn. Super. Ct. 9931
Judges: ZOARSKI, J.
Filed Date: 11/12/1993
Status: Non-Precedential
Modified Date: 4/17/2021
Defendants now move to strike the second count on the ground that plaintiff has not sufficiently pleaded a cause of action in recklessness. Plaintiff objects to the motion, claiming that he has sufficiently pleaded an action in recklessness.
In deciding a motion to strike, the court accepts as true all well-pleaded allegations, and construes them in plaintiff's favor. Quimby v. Kimberly Clark Corp.,
Defendants correctly argue that the "reiteration of acts previously asserted to support a cause of action in negligence, without more, cannot be transformed into a claim of reckless misconduct by mere nomenclature." Brock v. Waldron,
Numerous Superior Court decisions have held that complaints which allege that a defendant served alcohol to an obviously intoxicated person, or one who was loud, boisterous and argumentative, sufficiently state a cause of action in recklessness. See, e.g., Shift v. My Brother's Place Ltd.,
These cases are examples of complaints which plead facts to demonstrate how the defendant would have known that the individual was intoxicated, as opposed to simply pleading the conclusion. Plaintiff must plead facts from which the conclusion can be drawn that defendants knew of Grandpre's intoxication. While facts alleged are deemed admitted on a motion to strike, the "opinions . . . are not deemed admitted, but rather must flow from the subordinate facts provided." (Citation omitted.) County Federal Savings Loan Assn. v. Eastern Associates,
Plaintiff's recklessness count only pleads the conclusion that defendants' "knew" of Grandpre's intoxication, but no subordinate facts from which that knowledge could be inferred. The second count is therefore legally insufficient and defendants' motion to strike that count is granted.
Defendants also move to strike the claim for "double and treble damages" in the prayer for relief. Plaintiff has not objected to this, and at oral argument admitted this claim was improper. The claim for double or treble damages is therefore stricken. Defendants also seek to strike plaintiff's claim for CT Page 9933 punitive damages in the prayer for relief. Plaintiff admits in his memorandum, and stated again at oral argument, that the claim for punitive damages is based solely on the recklessness claim in the second count. That claim has been determined to be legally insufficient, and the claim for punitive damages, therefore, must likewise fail. Accordingly, defendants' motion to strike is granted in its entirety.
Howard F. Zoarski, Judge