Luce v. McGovern, No. Cv 92 0051188 S (May 4, 1993)

Connecticut Superior Court

Luce v. McGovern, No. Cv 92 0051188 S (May 4, 1993)

1993 Conn. Super. Ct. 4356

CourtConnecticut Superior Court

DecidedMay 4, 1993

DocketNo. CV 92 0051188 S

StatusUnpublished

This text of 1993 Conn. Super. Ct. 4356 (Luce v. McGovern, No. Cv 92 0051188 S (May 4, 1993)) 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

Luce v. McGovern, No. Cv 92 0051188 S (May 4, 1993), 1993 Conn. Super. Ct. 4356 (Colo. Ct. App. 1993).

Pincite

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE: PLAINTIFF'S MOTION TO STRIKE #118 CT Page 4357 The plaintiff, Jeanette Luce, moves to strike the defendant's first special defense which alleges collateral source payments.

Although there is a split of authority in the state superior courts as to whether a defendant may validly plead collateral source payments as a special defense, the Court is persuaded by the weight of authority which disallows such a defense, and arguments cited in those cases, and therefore, grants the plaintiff's motion to strike.

See Jeffreys v. Bombassei, 8 CSCR 261 (March 15, 1993, Jones, J.); Kelly v. Reynolds, 8 CSCR 129 (January 5, 1993, Lehaney, J.); Darling v. Peerless Ins. Co., 7 CSCR 1328 (December 14, 1992, Teller, J.); Patel v. W. F. Painting, 7 CSCR 136 (January 27, 1992, Mihalakos, J.).

BY THE COURT,

William M. Shaughnessy Judge, Superior Court

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