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Plaintiff driver filed a complaint against defendant truck driver alleging claims for negligence and recklessness. The truck driver filed a motion to strike the recklessness count.
The driver alleged that he sustained injuries and damages when his vehicle was stuck in the rear end by the truck driver's box truck. The truck driver moved to strike the recklessness claim on the grounds that the driver failed to allege facts sufficient to support a claim for statutory recklessness and failed to specifically plead that the truck driver's violations of Conn. Gen. Stat. ยง 14-295 were a substantial factor in causing the driver's injuries. The court, noting a split of authority as to what degree of specificity was required in pleading recklessness, found the majority view, that only required the pleading of general allegations, to be more persuasive. The court further found that the driver's specific allegations of recklessness satisfied the requirements under the majority view as well as the more demanding minority view. The facts alleged by the driver demonstrated conduct that was an extreme departure from ordinary care, specifically stating that the truck driver approached a red light traveling at a minimum speed of 51.31 miles per hour, leaving 111.75 feet of skid marks before striking the driver's car. The truck driver's motion to strike was denied.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Chacon v. Fuseini, 2008 Conn. Super. LEXIS 470, 2008 WL 726380 (Conn. Super. Ct. Feb. 28, 2008)
