DocketNumber: No. 118941
Citation Numbers: 1994 Conn. Super. Ct. 12632
Judges: SYLVESTER, J.
Filed Date: 12/9/1994
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiffs', Jason and Deborah Hoponick, were traveling east on the Chase Parkway in Waterbury on January 15, 1992 in an automobile owned by Deborah and driven by Jason. An automobile owned and operated by Evelyn Lanoue was traveling south on the parkway prior to the collision when Ms. Lanoue crossed directly in front of the plaintiffs' path and a collision occurred. Mr. Donald Bastis, executor of Ms. Lanoue's estate, has been named as the defendant in this action of the plaintiffs, wherein the plaintiffs claim various physical, emotional and financial injuries as well as damage to their property.
In the first and third counts of their complaint the plaintiffs set out allegations grounded in negligence in paragraphs one through eleven respectively. In the second and fourth counts the plaintiffs reiterate their respective eleven paragraphs and add a twelfth paragraph which pleads that "Evelyn Lanoue deliberately or with reckless disregard operated a motor vehicle in violation of Section
The defendant moves to strike the second and fourth counts on the grounds that they are insufficient to allege the reckless conduct required under §
"The purpose and scope of a motion to strike are identical to those of a demurrer under the old rules of practice. . . ." (Citations omitted; internal quotation marks omitted.) Cavallov. Derby Savings Bank,
"The court must construe the complaint in the manner most favorable to the pleader." Ambrogio v. Peryer, Superior Court, judicial district of New Haven, Docket No. 254839 (February 17, 1988, J. Burns). "The allegations are entitled to the same favorable construction as a trier would be required to give in CT Page 12634 admitting evidence under them, and if facts provable under the allegations would support a defense or a cause of action, the demurrer [motion to strike] must fail." Ferryman v. Groton,
The motion "admits all well pleaded allegations and all facts provable thereunder." Doyle v. A. P. Realty Corporation,
"In judging a motion to strike . . . it is of no moment that the party may not be able to prove his allegations at trial . . . ." (Brackets omitted; citations omitted; internal quotation marks omitted.) Grubb Ellis Company v. Dinardo, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 262043 (August 30, 1990, J. Jones).
The defendant claims the plaintiffs have not sufficiently alleged recklessness in order to sustain a cause of action under §
Examination of the cases that have explored this issue has resulted in agreement with those that have allowed claims of recklessness under §
"The cases cited by those courts [requiring specific facts that establish reckless behavior] as authority, however, were dealing with common law actions; see, e.g., Dubay v. Irish,
207 Conn. 518 [542 A.2d 711 ] (1988); and in those instances it is clearly necessary to plead a cause of action grounded in recklessness separate and distinct from a negligence action. General Statutes14-295 , on the other hand, states explicitly that "the trier of fact may award double or treble damages if the injured party has specifically pleaded that another party has deliberately or with reckless disregard operated a motor vehicle in violation of" certain statutory sections. This statute does not require the same specificity of pleading which is required to support a cause of action predicated on recklessness. "When the language used by the legislature is plain and unambiguous, there is no room for construction by the courts and the statute will be applied as its words direct." (Citations omitted.) Warkentin v. Burns,223 Conn. 14 ,22 [610 A.2d 1287 ] (1992). The statute here could not be any more plain or unambiguous about what a plaintiff must plead and should accordingly be applied as its words direct. The court should not "torture the words or sentence structure of a statute . . . to import an ambiguity where the ordinary meaning of the language leaves no room for it." (Citation omitted.) State v. Genotti,220 Conn. 796 ,809 [601 A.2d 1013 ] (1992)."General Statutes §
14-295 requires a plaintiff to plead that another party violated certain statutes with reckless disregard in order for the trier of fact to consider awarding multiple damages. The plaintiff here has pled that the defendant, with reckless disregard, operated his motor vehicle in violation of General Statutes14-218a and14-222 , two of the sections enumerated in14-295 . He has, therefore, sufficiently pled his entitlement to multiple damages under General Statutes14-295 , and the motion to strike the prayer for relief and claims of recklessness CT Page 12636 are therefore denied."
Spencer v. King, supra,
The plaintiffs have sufficiently pleaded a claim under §
/s/ Sylvester, J. SYLVESTER