Home/Connecticut Superior Court/Christensen v. Save the Children Fed., No. Cv01 0182589 S (Jun. 3, 2002)

Christensen v. Save the Children Fed., No. Cv01 0182589 S (Jun. 3, 2002)

2002 Conn. Super. Ct. 7158
CourtConnecticut Superior Court
DecidedJune 3, 2002
DocketNo. CV01 0182589 S
StatusUnpublished

This text of 2002 Conn. Super. Ct. 7158 (Christensen v. Save the Children Fed., No. Cv01 0182589 S (Jun. 3, 2002)) 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
Christensen v. Save the Children Fed., No. Cv01 0182589 S (Jun. 3, 2002), 2002 Conn. Super. Ct. 7158 (Colo. Ct. App. 2002).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
Pleading Status and Background

The plaintiff's claim revolves around an alleged wrongful discharge and CT Page 7159 refers to a violation of state statutory law in counts 1 and 2, and alleges negligent infliction of emotional distress in Count Three.

The defendant, Save the Children Federation, Inc., has pled a Fifth and Sixth Special Defense in its Amended Answer dated February 12, 2002. The Fifth Special Defense states: "The plaintiff has failed to satisfy a condition precedent to setting forth her claim." The Sixth Special Defense alleges a bar of the claim by the Worker Compensation Act.

Decision

The Fifth Special Defense is vague and unspecific and lacks factual reference. Therefore, it must be stricken.

The Sixth Special Defense, as conceded in the brief of the defendant, should only apply to the Third Count. The negligent infliction of emotional distress claim of Count Three. resulting from a discharge is not barred by the Worker Compensation Act. Fulco v. Norwich RomanCatholic Diocesan Corps., 27 Conn. App. 800 (1992).

The Motion to Strike the Sixth Special Defense is granted.

So Ordered

THE COURT

DOWNEY, J.

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Related

Fulco v. Norwich Roman Catholic Diocesan Corp.
609 A.2d 1034 (Connecticut Appellate Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
2002 Conn. Super. Ct. 7158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christensen-v-save-the-children-fed-no-cv01-0182589-s-jun-3-2002-connsuperct-2002.