Atkinson v. Conron, No. Cv96 0149504 S (Sep. 26, 1996)
Opinion of the Court
The plaintiff, Patrick Atkinson, filed a two-count amended complaint dated February 13, 1996, against the defendant, Sylvia Conron, alleging negligence and recklessness based on a motor vehicle accident. The defendant filed a motion to strike the second count on April 29, 1996. The plaintiff filed an objection and memorandum in opposition on May 1, 1996.
DISCUSSION
"The purpose of a motion to strike is to `contest . . . the legal sufficiency of the allegations of any complaint . . . to state a claim upon which relief can be granted.' In ruling on a motion to strike, the court is limited to the facts alleged in the complaint. The court must construe the facts in the complaint most favorably to the plaintiff." Novametrix Medical Systems,Inc. v. BOC Group, Inc.,
The defendant argues that the second count charges common law and statutory recklessness, but the count merely realleges the negligence count and does not sufficiently state a cause of action in recklessness. The plaintiff responds that to allege a statutory action in recklessness, the complaint needs only to plead a violation of the trigger statutes, which it does. The plaintiff argues further that he has also sufficiently alleged an action in common law recklessness.
General Statutes §
Common law recklessness is "highly unreasonable conduct, involving an extreme departure from ordinary care, in a situation where a high degree of danger is apparent . . . It is at least clear . . . that such aggravated negligence must be more than any mere mistake resulting from inexperience, excitement, or confusion, and more than mere thoughtlessness or inadvertence, or simply inattention." Dubay v. Irish,
The plaintiff, in the second count, realleges the negligence count, and claims that the defendant deliberately or with reckless disregard violated §
Accordingly, the motion to strike is denied.
MINTZ, J.
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