DocketNumber: No. CV94 031 28 23 S
Citation Numbers: 1995 Conn. Super. Ct. 12556-D
Judges: RONAN, J.
Filed Date: 11/9/1995
Status: Non-Precedential
Modified Date: 4/18/2021
On September 12, 1995, the court (Thim, J.) granted the defendant Terminix's motion to strike count three of the complaint on the ground that the plaintiff had failed to state a cause of action.
On September 25, 1995, the plaintiff filed a pleading entitled "Amended Complaint" in which she alleges that Terminix is responsible for health problems stemming from infected flea bites and Terminix's use of "various gasses." On October 5, 1995, Terminix filed a motion to strike the amended complaint, and a memorandum of law in support thereof, claiming that the plaintiff had failed to state a cause of action and also that any cause of action recognized by the court has now been barred by the applicable statute of limitations. The plaintiff did not respond by filing a memorandum in opposition to Terminix's motion. She did, however, appear before this court on October 23, 1995, at which time she urged the court to allow her more time to research the issues raised in opposition to her complaint. CT Page 12556-E
Pursuant to Practice Book § 152, "[t]he purpose of a motion to strike is to contest . . . the legal sufficiency of the allegations of any complaint . . . to state a claim upon which relief may be granted." (Internal quotation marks omitted.)Novametrix Medical Systems, Inc. v. BOC Group, Inc.,
This court recognizes the fact that the plaintiff has instituted this action without the benefit of counsel. However, "[a]lthough we allow pro se litigants some latitude, the right of self-representation provides no attendant license not to comply with relevant rules of procedural and substantive law." Duve v.Duve,
In the amended complaint, it appears that the plaintiff has attempted to allege either a negligence claim or strict product liability claim or both. However, the plaintiff has failed to include facts that, if proved, would establish the necessary elements of either cause of action.
The motion by Terminix International to strike the amended complaint is granted.
RONAN, J.