DocketNumber: No. CV-87-0335931S
Citation Numbers: 1990 Conn. Super. Ct. 41
Judges: CLARK, J.
Filed Date: 1/18/1990
Status: Non-Precedential
Modified Date: 4/18/2021
Defendant's motion for summary judgment is denied as to the claims brought by the plaintiff laborers as there are genuine issues of material fact to be resolved. On the other hand, summary judgment is granted as to the daughter's claims for loss of filial consortium.
Ten plaintiff laborers, a wife of one of the laborers, and a daughter of one of the laborers, are bringing a fifteen-count amended complaint dated December 8, 1989, against two defendants: C.E. Larson Company, Inc. (Larson), employer of the laborers and The Travelers Insurance Company, Inc. (Travelers), the company that retained Larson as contractor for the planned remodeling and renovation of the "Travelers Tower." CT Page 42
In Count One of the complaint, the plaintiffs allege that prior to February of 1985, the defendants Larson and Travelers entered into a contractual agreement to renovate the "Travelers Tower." The plaintiffs were employed as laborers from approximately February, 1985 to April, 1986, by defendant contractor Larson. According to the plaintiffs, some time during 1985, Travelers and Larson allegedly became aware that the project would require the removal of asbestos. The plaintiffs allege that although the defendants were aware that safety procedures had to be followed in removing the asbestos to safeguard the health and safety of persons doing the removal, the defendants agreed to proceed with the project without utilizing the safety devices and without warning the plaintiffs that they would be exposed to asbestos. Thus, the plaintiffs claim that the defendants deliberately and intentionally caused them to inhale and ingest asbestos fibers and as a result, the plaintiffs have suffered emotional distress and fear of developing lung cancer and other asbestos exposure related diseases. The plaintiffs allege that they have incurred and will continue to incur medical expenses and will be impaired in continuing their occupation as laborers. The defendants, according to the plaintiffs, have deliberately, knowingly and intentionally violated federal regulations embodied in 29 C.F.R. § 1910-1101 et seq.
The second count incorporates the majority of the first count and alleges that the plaintiffs have suffered bodily injury as they now suffer an increased risk of contracting a fatal disease. Count Three and Count Five sound in negligence against Travelers. In Count Four, the plaintiffs allege fraudulent concealment on the part of the defendants. Counts Six, Eight, Ten, Twelve and Fourteen are loss of consortium claims being brought by a wife of one of the plaintiffs and Count Seven, Nine, Eleven, Thirteen and Fifteen are loss of filial consortium claims being brought by a daughter of one of the plaintiffs. In the prayer for relief, the plaintiffs are seeking money damages, future medical expenses, loss of earning capacity, punitive damages and attorneys' fees.
The defendant Larson moves for summary judgment pursuant to Conn. Practice Book 378, et seq., on all counts alleged against it on several grounds: (1) that all of the claims are precluded by the exclusivity provision of the Connecticut Workers' Compensation Act; (2) that Counts Two and Eight fail to allege that the plaintiffs have yet contracted any asbestos-related diseases and Connecticut law does not recognize a claim for future injuries; and (3) that Counts Seven, Nine, Eleven and Thirteen alleging a loss of consortium claim may only be asserted by a spouse and not by a daughter. The defendant has filed a memorandum of law in support of its motion for summary CT Page 43 judgment, but has submitted no affidavits or other appropriate documentation. The plaintiffs have submitted a memorandum in opposition along with excerpts from depositions and answers to interrogatories. The defendant then submitted a reply memorandum.
Summary judgment will be rendered if the pleadings, affidavits and other proof submitted show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Nolan v. Borkowski,
To support the motion, affidavits and evidence submitted by the moving party must demonstrate that there is no genuine issue of material fact remaining between the parties. Catz v. Rubenstein,
Defendant Larson argues that the exclusivity provision of the Connecticut Workers' Compensation Act, Conn. Gen. Stats.
In Mingachos v. CBS, Inc.,
In Nolan v. Borkowski,
Generally speaking, where the inferences which the parties seek to have drawn deal with questions of motive, intent and subjective feelings, summary judgment is particularly inappropriate. Batick v. Seymour,
As to Count Two in which the plaintiffs are claiming that they have suffered bodily in jury in that they suffer an increased risk of contracting an asbestos-related disease, the defendant is arguing that because there is no present injury, threat of future harm is too speculative and conjectural. In Petriello v. Kalman,
In Counts Seven, Nine, Eleven and Thirteen a daughter of CT Page 45 one of the plaintiffs is bringing claims for loss of consortium based on former counts. A loss of consortium constitutes a viable cause of action on behalf of a spouse whose marital partner has been injured or killed. Champagne v. Raybestos-Manhattan, Inc.,
Therefore, the defendant's motion for summary judgment as to Counts Seven, Nine, Eleven and Thirteen is granted.
JOSEPH B. CLARK, J.