Cheh v. Blau, No. 32 26 06 (Apr. 23, 1997)

1997 Conn. Super. Ct. 4639
Connecticut Superior Court·Decided April 23, 1997·No. No. 32 26 06·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION ON DANBURY HOSPITAL'S MOTION TO STRIKE NO. 107 The defendant, Danbury Hospital, seeks to strike count eight of the plaintiffs' complaint. Count eight seeks a recovery for loss of filial consortium. Despite the division of authority, this court holds that "the facts giving rise to [the claim] must be taken from the complaint." Kilbride v. Dushkin PublishingGroup, Inc., 186 Conn. 718, 719, 443 A.2d 922 (1982). On a CT Page 4640 motion to strike, the court "must take the facts to be those alleged in the complaint . . . and cannot be aided by the assumption of any facts not therein alleged." (Citations omitted; internal quotation marks omitted.) Liljedahl Bros., Inc. v.Grigsby, 215 Conn. 345, 348, 576 A.2d 149 (1990).

The eighth count sets forth a cognizable claim upon which relief can be granted. Accordingly, the defendant's (Danbury Hospital) motion to strike (No. 107) count eight of the revised complaint, is denied.

Grogins, J.

Free access — add to your briefcase to read the full text and ask questions with AI

Cheh v. Blau, No. 32 26 06 (Apr. 23, 1997), 1997 Conn. Super. Ct. 4639 (Colo. Ct. App. 1997).

1997 Conn. Super. Ct. 4639 (Cheh v. Blau, No. 32 26 06 (Apr. 23, 1997)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kilbride v. Dushkin Publishing Group, Inc.
443 A.2d 922 (Supreme Court of Connecticut, 1982)
Liljedahl Bros. v. Grigsby
576 A.2d 149 (Supreme Court of Connecticut, 1990)