Daly v. Krystock, No. Cv 98 0420300 S (Apr. 5, 2002)

2002 Conn. Super. Ct. 4258, 31 Conn. L. Rptr. 708
CourtConnecticut Superior Court
DecidedApril 5, 2002
DocketNo. CV 98 0420300 S
StatusUnpublished

This text of 2002 Conn. Super. Ct. 4258 (Daly v. Krystock, No. Cv 98 0420300 S (Apr. 5, 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
Daly v. Krystock, No. Cv 98 0420300 S (Apr. 5, 2002), 2002 Conn. Super. Ct. 4258, 31 Conn. L. Rptr. 708 (Colo. Ct. App. 2002).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION (Motion to Strike)
The defendants, pursuant to Practice Book § 10-39 et seq., have moved to strike the Second Count of the plaintiff's Complaint, as well as, the plaintiff's prayer for relief wherein the plaintiff seeks double or treble damages and/or punitive damages related to the Second Count. The defendants argue that the plaintiff's claim for double and treble damages can only exist under Connecticut law if a violation of a statute enumerated in General Statutes § 14-295 is alleged, and the plaintiff has not done so.

Additionally, the defendants claim that the plaintiff's Second Count impermissibly combines recklessness with gross negligence, and neither cause of action is legally sufficient. The defendants maintain that gross negligence is not recognized in the State of Connecticut, and the common-law recklessness is not pleaded with sufficient factual detail to distinguish it from the negligence cause of action asserted in the First Count of the Complaint.

On December 7, 1996, the plaintiff was a passenger in a vehicle owned by Paul Krystock and being operated by Marc Krystock. It is alleged that the defendant operator, while under the influence of drugs, lost control of the vehicle and hit a section of guardrails, causing the plaintiff to sustain physical injuries. The accident occurred in the State of Vermont. All parties to this action are residents of Connecticut.

A review of the court's file reveals that the original complaint filed by the plaintiff set forth two causes of action: one for negligent operation of a motor vehicle and one for recklessness. In the First and Second Counts of the original Complaint dated November 17, 1998, the plaintiff alleged that the defendant operator violated certain Connecticut statutory provisions enumerated in General Statutes § 14-295. The plaintiff alleged violations of General Statutes § 14-218a, 14-219 and14-236.

By way of an Amended Complaint dated February 17, 1999, the plaintiff added an additional claim that the plaintiff operated his motor vehicle in violation of General Statutes § 14-227a, which is also specifically enumerated in General Statutes § 14-295.

By way of a Request to Revise dated May 26, 1999, the defendants sought to revise the plaintiff's complaint by deleting reference to the Connecticut statutory provisions, arguing that Connecticut motor vehicle violations do not apply to an accident occurring in Vermont. Thereafter, the plaintiff filed his Revised Amended Complaint, dated November 9, 2000 alleging violations of Vermont statutory provisions regarding the operation of a motor vehicle, and thereby, deleted all references to any CT Page 4260 of the statutory violations enumerated specifically in General Statutes14-295. The plaintiff however, continued to seek double or treble damages and/or punitive damages as they relate to the Second Count which pertains to recklessness and gross negligence.

Subsequently, the defendants filed a Request to Revise the Revised Amended Complaint seeking among other things, to delete references to "gross negligence" and to delete any claims for double or treble and/or punitive damages, as no longer did the plaintiff claim a violation of General Statutes § 14-295, as all statutory references in the Revised Amended Complaint now referred to violations of Vermont statutory provisions. The plaintiff's objections to the defendants' Request to Revise the Revise Amended Complaint were sustained by the court on December 18, 2000, leaving the Revised Amended Complaint intact, including the plaintiff's claims of "reckless disregard," "gross negligence" and "double/treble and/or punitive damages." Additionally, all claims of statutory violations by the defendant operator alleged in the plaintiff's Revised Amended Complaint are claims of Vermont statutory violations.

II
"The 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 can be granted." Mingachos v. CBS, Inc., 196 Conn. 91, 108,491 A.2d 368 (1985). A motion to strike shall be granted if "the plaintiff's complaint [does not] sufficiently [state] a cognizable cause of action as a matter of law." Mora v. Aetna Life and Casualty Ins. Co.,13 Conn. App. 208, 211, 535 A.2d 390 (1988).

A motion to strike "admits all facts well pleaded; it does not admit legal conclusions or the truth or accuracy of opinions stated in the pleadings" (Emphasis omitted.) Id. "A motion to strike is properly granted where a plaintiff's complaint alleges legal conclusions unsupported by fact."Id. "In ruling on a motion to strike, the court is limited to the facts alleged in the complaint." Gordon v. Bridgeport Housing Authority,208 Conn. 161, 170, 544 A.2d 1185, (1988). A motion to strike "is to be tested by the allegations of the pleading demurred to, which cannot be enlarged by the assumption of any fact not therein alleged." (Internal quotation marks and citations omitted.) Alarm Applications Co. v.Simsbury Volunteer Fire Co., 179 Conn. 541-50, 427 A.2d 822 (1980).

Upon deciding a motion to strike, the trial court must construe the "plaintiff's complaint in [a] manner most favorable to sustaining its legal sufficiency." Bouchard v. People's Bank, 219 Conn. 465, 471,594 A.2d 1 (1991). "The allegations of the pleading involved are entitled CT Page 4261 to the same favorable construction a trier would be required to give in admitting evidence under them and if the facts provable under its allegations would support a defense or a cause of action, the motion to strike must fail." Mingachos v CBS, Inc., 196 Conn. 91, 108-09,491 A.2d 368 (1985). However, if the plaintiff has alleged mere conclusions of law unsupported by the requisite facts, the motion to strike should be granted. Cavallo v. Derby Savings Bank, 188 Conn. 281,285, 449 A.2d 986 (1982). A party may also use a motion to strike to challenge the sufficiency of a prayer for relief Central New HavenDevelopment Corp. v. Potpourri, Inc., 39 Conn. Sup. 132, 133,

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Bluebook (online)
2002 Conn. Super. Ct. 4258, 31 Conn. L. Rptr. 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daly-v-krystock-no-cv-98-0420300-s-apr-5-2002-connsuperct-2002.