Winiarski v. Heath, No. 334780 (Oct. 3, 1997)

Connecticut Superior Court

Winiarski v. Heath, No. 334780 (Oct. 3, 1997)

1997 Conn. Super. Ct. 9961, 20 Conn. L. Rptr. 524

CourtConnecticut Superior Court

DecidedOctober 3, 1997

DocketNo. 334780

StatusUnpublished

This text of 1997 Conn. Super. Ct. 9961 (Winiarski v. Heath, No. 334780 (Oct. 3, 1997)) 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.

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Winiarski v. Heath, No. 334780 (Oct. 3, 1997), 1997 Conn. Super. Ct. 9961, 20 Conn. L. Rptr. 524 (Colo. Ct. App. 1997).

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION This action seeks money damages for personal injuries sustained by the minor plaintiff when while "jumping stiff legged into the [swimming] pool at Platt High School in . . . Meriden" she was injured. The complaint claims that the defendants Edward P. Heath and the city and town of Meriden were negligent and that "[a]t said time and place the pool at Platt High School was within the control of the Parks and Recreation Department of the City and Town of Meriden and Edward P. Heath, Aquatic Director for the Parks and Recreation Department of the City and Town of Meriden." CT Page 9962

The plaintiffs seek to file additional interrogatories, claiming that "the standard interrogatories provided in Practice Book Form 106.10A are inadequate or inappropriate in the instant action so that plaintiffs may file alternate request for production upon the defendants."

Practice Book § 223, para. 2, effective October 1, 1997, provides in relevant part: "In all personal injury actions alleging liability based on the operation or ownership of a motor vehicle oralleging liability based on the ownership, maintenance or controlof real property, the interrogatories served shall be limited to those set forth in Practice Book Forms 106.10A, 106.10B, and/or 106.10C, unless upon motion, the court determines that such interrogatories are inappropriate or inadequate in the particular action." (Emphasis added.)

The plaintiff does not point to anything in this "particular action" that renders the standard interrogatories "inappropriate or inadequate". To grant such motions as this, which cross the desks of superior court judges with ever-increasing frequency, would undermine Practice Book §§ 223, 227. "Either we adhere to the rules or we do not adhere to them." Osborne v. Osborne, 2 Conn. App. 635,639 (1984). "[T]his court does not sit as the Rules Committee of the Superior Court. See State v. Jennings, 216 Conn. 647, 665 n. 11, 583 A.2d 915 (1990); Kupstis v. Michaud, 215 Conn. 435, 437,576 A.2d 152 (1990)." State v. Johnson, 228 Conn. 59, 61-62,634 A.2d 293 (1993); see McLeod v. Mario's Body Shop, Superior Court, Judicial District of Fairfield, No. 328196 (1996); Grable v.Krasowski, Superior Court, Judicial District of Fairfield, No. 334823 (1996): Roth v. Burke, Superior Court, Judicial district of Fairfield, No. 324533 (1996).

The motion (#120) to file alternate interrogatories is denied.

BY THE COURT

Bruce L. Levin Judge of the Superior Court

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION This action seeks money damages for personal injuries sustained by the minor plaintiff when while "jumping stiff legged into the [swimming] pool at Platt High School in . . . Meriden" she was injured. The complaint claims that the defendants Edward P. Heath and the city and town of Meriden were negligent and that "[a]t said time and place the pool at Platt High School was within the control of the Parks and Recreation Department of the City and Town of Meriden and Edward P. Heath, Aquatic Director for the Parks and Recreation Department of the City and Town of Meriden." CT Page 9962

The plaintiffs seek to file additional interrogatories, claiming that "the standard interrogatories provided in Practice Book Form 106.10A are inadequate or inappropriate in the instant action so that plaintiffs may file alternate request for production upon the defendants."

Practice Book § 223, para. 2, effective October 1, 1997, provides in relevant part: "In all personal injury actions alleging liability based on the operation or ownership of a motor vehicle oralleging liability based on the ownership, maintenance or controlof real property, the interrogatories served shall be limited to those set forth in Practice Book Forms 106.10A, 106.10B, and/or 106.10C, unless upon motion, the court determines that such interrogatories are inappropriate or inadequate in the particular action." (Emphasis added.)

The plaintiff does not point to anything in this "particular action" that renders the standard interrogatories "inappropriate or inadequate". To grant such motions as this, which cross the desks of superior court judges with ever-increasing frequency, would undermine Practice Book §§ 223, 227. "Either we adhere to the rules or we do not adhere to them." Osborne v. Osborne, 2 Conn. App. 635,639 (1984). "[T]his court does not sit as the Rules Committee of the Superior Court. See State v. Jennings, 216 Conn. 647, 665 n. 11, 583 A.2d 915 (1990); Kupstis v. Michaud, 215 Conn. 435, 437,576 A.2d 152 (1990)." State v. Johnson, 228 Conn. 59, 61-62,634 A.2d 293 (1993); see McLeod v. Mario's Body Shop, Superior Court, Judicial District of Fairfield, No. 328196 (1996); Grable v.Krasowski, Superior Court, Judicial District of Fairfield, No. 334823 (1996): Roth v. Burke, Superior Court, Judicial district of Fairfield, No. 324533 (1996).

The motion (#120) to file alternate interrogatories is denied.

BY THE COURT

Bruce L. Levin Judge of the Superior Court

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1997 Conn. Super. Ct. 9961, 20 Conn. L. Rptr. 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winiarski-v-heath-no-334780-oct-3-1997-connsuperct-1997.

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