New England Hlth. Emp. v. Jablonski, No. Cv95 0146030 S (Oct. 12, 1995)

Connecticut Superior Court

New England Hlth. Emp. v. Jablonski, No. Cv95 0146030 S (Oct. 12, 1995)

1995 Conn. Super. Ct. 11301

Connecticut Superior Court·Decided October 12, 1995·No. No. CV95 0146030 S·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION CT Page 11302 In his second special defense, the defendant alleges that he is entitled to a reduction in the amount of any award to the plaintiff by any collateral source payments pursuant to General Statutes § 52-225a.

Practice Book § 195A provides that "[n]o pleading shall contain any allegations regarding receipt by a party of collateral source payments as described in Conn. Gen. Stat. §§52-225a and 52-225b." See Neary v. McCarthy, Superior Court, judicial district of Litchfield, Docket No. 063412 (February 2, 1995, Pickett, J.). See also Mullins v. Tuccinardi, Inc., Superior Court, judicial district of Stamford/Norwalk at Stamford, Docket No. 121700 (June 24, 1993, Lewis, J.) (holding that a collateral source payment was not a valid special defense because collateral source payment reductions are undertaken after damages are awarded and such a defense did not show that the plaintiff had no cause of action); Jeffreys v. Bombassei,8 CSCR 261 (February 3, 1993, Jones, J.); Kelly v. Reynolds, 8 CSCR 728 (January 5, 1993, Leheny, J.).

The motion to strike the defendant's second special defense which alleges collateral source payment is granted.

D'ANDREA, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION CT Page 11302 In his second special defense, the defendant alleges that he is entitled to a reduction in the amount of any award to the plaintiff by any collateral source payments pursuant to General Statutes § 52-225a.

Practice Book § 195A provides that "[n]o pleading shall contain any allegations regarding receipt by a party of collateral source payments as described in Conn. Gen. Stat. §§52-225a and 52-225b." See Neary v. McCarthy, Superior Court, judicial district of Litchfield, Docket No. 063412 (February 2, 1995, Pickett, J.). See also Mullins v. Tuccinardi, Inc., Superior Court, judicial district of Stamford/Norwalk at Stamford, Docket No. 121700 (June 24, 1993, Lewis, J.) (holding that a collateral source payment was not a valid special defense because collateral source payment reductions are undertaken after damages are awarded and such a defense did not show that the plaintiff had no cause of action); Jeffreys v. Bombassei,8 CSCR 261 (February 3, 1993, Jones, J.); Kelly v. Reynolds, 8 CSCR 728 (January 5, 1993, Leheny, J.).

The motion to strike the defendant's second special defense which alleges collateral source payment is granted.

D'ANDREA, J.

New England Hlth. Emp. v. Jablonski, No. Cv95 0146030 S (Oct. 12, 1995), 1995 Conn. Super. Ct. 11301 (Colo. Ct. App. 1995).

Pincite

1995 Conn. Super. Ct. 11301 (New England Hlth. Emp. v. Jablonski, No. Cv95 0146030 S (Oct. 12, 1995)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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