Brothers v. Hospital of Saint Raphael, No. Cv94 031 62 48 (Apr. 19, 1995)

Connecticut Superior Court

Brothers v. Hospital of Saint Raphael, No. Cv94 031 62 48 (Apr. 19, 1995)

1995 Conn. Super. Ct. 3223

CourtConnecticut Superior Court

DecidedApril 19, 1995

DocketNo. CV94 031 62 48

StatusUnpublished

This text of 1995 Conn. Super. Ct. 3223 (Brothers v. Hospital of Saint Raphael, No. Cv94 031 62 48 (Apr. 19, 1995)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brothers v. Hospital of Saint Raphael, No. Cv94 031 62 48 (Apr. 19, 1995), 1995 Conn. Super. Ct. 3223 (Colo. Ct. App. 1995).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION MOTION TO STRIKE NO. 109 "A party seeking injunctive relief has the burden of alleging and proving irreparable harm and lack of an adequate remedy at law . . . . (Citation omitted; internal quotation marks omitted.) Walton v. NewHartford, 223 Conn. 155, 165, (1995). The plaintiff alleges "irreparable financial harm" in his complaint. He, however, does not specifically allege injury to reputation or prestige in the complaint.

Classifying the allegations of financial harm as "irreparable" does not provide a basis for injunctive relief. "Where there is an adequate remedy at law, there is no entitlement to an injunction." Sotire v.Stamford, 19 Conn. App. 505, 513 cert. denied 213 Conn. 805 (1989). In the present case, there is an adequate remedy at law because damages would compensate the plaintiff for his "financial harm." For this reason, the court finds that the plaintiff has alleged insufficient damages to seek injunctive relief in the prayer for relief. Accordingly, the court grants the defendant's motion to strike.

SAMUEL S. FREEDMAN, JUDGE CT Page 3224

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION MOTION TO STRIKE NO. 109 "A party seeking injunctive relief has the burden of alleging and proving irreparable harm and lack of an adequate remedy at law . . . . (Citation omitted; internal quotation marks omitted.) Walton v. NewHartford, 223 Conn. 155, 165, (1995). The plaintiff alleges "irreparable financial harm" in his complaint. He, however, does not specifically allege injury to reputation or prestige in the complaint.

Classifying the allegations of financial harm as "irreparable" does not provide a basis for injunctive relief. "Where there is an adequate remedy at law, there is no entitlement to an injunction." Sotire v.Stamford, 19 Conn. App. 505, 513 cert. denied 213 Conn. 805 (1989). In the present case, there is an adequate remedy at law because damages would compensate the plaintiff for his "financial harm." For this reason, the court finds that the plaintiff has alleged insufficient damages to seek injunctive relief in the prayer for relief. Accordingly, the court grants the defendant's motion to strike.

SAMUEL S. FREEDMAN, JUDGE CT Page 3224

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Bluebook (online)

1995 Conn. Super. Ct. 3223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brothers-v-hospital-of-saint-raphael-no-cv94-031-62-48-apr-19-1995-connsuperct-1995.

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