Olson v. Tompkins, No. 0054161 (Aug. 28, 1991)
Opinion of the Court
On June 6, 1991, the defendants filed a motion to strike counts three through ten of the plaintiff's complaint and a supporting memorandum of law. On July 29, 1991, the plaintiff filed a memorandum of law in opposition.
A motion to strike challenges the legal sufficiency of the allegations in a complaint. Gordon v. Bridgeport Housing Authority,
The Dram Shop Act, Conn. Gen. Stat.
The defendants first move to strike counts three and four of the plaintiff's complaint on the grounds that Connecticut does not recognize a cause of action for the negligent service of alcohol.
In counts three and four the plaintiff alleges, inter alia, that the defendants were negligent in that they failed to provide adequate CT Page 7139 security, failed to supervise and monitor the premises to determine whether adequate security existed, failed to warn the plaintiff of the presence of persons with dangerous propensities, failed to assess the violent propensities of Janice Birch, failed to monitor and supervise Janice Birch, failed to warn the plaintiff of the violent propensities of Janice Birch and failed to restrain Janice Birch from injuring the plaintiff. The plaintiff also alleges that the defendants served alcohol to an intoxicated Janice Birch and that Birch caused the plaintiff's injuries.
"At common law there is no cause of action based upon negligence in selling alcohol to adults who are known to be intoxicated. While such acts may constitute the breach of a duty owed to others, the cause of action in a variety of factual settings has uniformly failed for the reasons that the subsequent injury has been held to have been proximately caused by the intervening act of the immoderate consumer whose voluntary and imprudent consumption of the beverage brings about intoxication and the subsequent injury." Quinnett v. Newman,
The defendants, in support of the motion to strike, rely on Stebbins v. Staschke,
In Nolan v. Morelli,
Based upon the foregoing, the plaintiff has alleged facts sufficient to support a claim for negligent supervision and the defendants motion to strike counts three and four of the plaintiff's complaint is denied.
The defendants next move to strike counts five and six of the plaintiff's complaint on the grounds that Connecticut does not recognize gross negligence as a separate cause of action.
"Gross negligence has never been recognized in [Connecticut] as a CT Page 7140 separate basis of liability in the law of torts, "Decker v. Roberts,
The defendants also move to strike counts seven and eight of the plaintiff's complaint on the grounds that the facts alleged by the plaintiff are legally insufficient to constitute a basis for willful, wanton or reckless misconduct.
As previously stated, at common law, no action in negligence existed against one who furnished intoxicating liquor to a person who voluntarily became intoxicated and injured the person or property either of himself or another. Quinett,
"Wanton misconduct is reckless misconduct. It is such conduct as indicates a reckless disregard of the just rights or safety of others or of the consequences of the action." Dubay v. Irish,
The plaintiff's allegations, in counts seven and eight of willful, wanton and reckless misconduct are identical to the allegations in counts three and four upon which she relies as the basis for her claim of negligent supervision. Accordingly, the defendants' motion to strike counts seven and eight of the plaintiff's complaint is granted.
Finally, the defendants move to strike counts nine and ten of the plaintiff's complaint on the grounds that Connecticut does not recognize a cause of action for gross negligence in the service of alcohol.
Since Connecticut does not recognize a distinction between gross negligence and negligence, Decker,
For the foregoing reasons, the motion to strike is granted as CT Page 7141 to counts five, six, seven, eight, nine and ten and denied as to counts three and four of the complaint.
PICKETT, J.
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