Mustaro v. St. Rose of Lima School, No. 30 25 78 (Nov. 9, 1990)
Opinion of the Court
The complaint alleges in substance that the defendant hired the plaintiff as a teacher for the school year September 1988 to June 1989 and that in June 1989 "in breach of their agreement terminated plaintiff's employment." Out of this factual context the plaintiff seeks to impose liability on the defendant under a variety of legal theories set forth in the several counts identified above.
The Fourth Count of the Complaint incorporates by reference CT Page 3527 paragraphs
The plaintiff's rights may not exist in a vacuum but must arise in some definitive context. Except by reason of the relationship between the parties created by the contract in question the plaintiff has not alleged any predicate for standing to complain concerning its "use." Thus it is only as a party to the contract and target of its provisions that the plaintiff has a right to challenge its use by the defendant.
A fair reading of the Fourth Count leads to the conclusion that the CUTPA claim has its ultimate basis in the employer-employee relationship. Employer-employee relationships are not subject to CUTPA. Kintner v. Ridec-Torin Corp.,
Motion to Strike granted.
JOHN C. FLANAGAN, Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.