McGowan v. Aetna Casualty, No. 095455 (May 29, 1991)
Opinion of the Court
The court adopts the finding of Judge Cioffi expressed in Clamage v. Aetna Casualty and Surety Company,
"The use of the word `defendant' in Jack v. Scanlon, [
4 Conn. App. 451 (1990),] as well as the. . .legislative history of14-295 indicates that the language `another party' as used in14-295 refers to a party to the suit in which the injured party seeks damages. Therefore, the plaintiff's allegations of negligence, carelessness and statutory violations of [Oullette], who is not a party to the suit, do not entitle the plaintiff to demand double and treble damages from the defendant Aetna."
If the plaintiff has a right to the recovery of double or treble damages, it is by virtue of the language of
The motion is granted.
GAFFNEY, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.