Court Recognizes Claim of Recklessness in Moped Hit and Run
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a court allowing a claim of recklessness to proceed in the case of a hit and run by a moped rider.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
A security guard's claim of statutory recklessness under Conn. Gen. Stat. § 14-295 against a moped driver, arising from the driver's riding into the guard and over him after he fell, survived challenge by a motion to strike, as the pleading was sufficient under the majority view because it alleged that the driver violated various statutes, including Conn. Gen. Stat. §§ 14-222 and 14-227a, his acts were committed "deliberately and/or with reckless disregard," and that the violations were a substantial factor in causing the injuries and damages to the guard. The complaint also was sufficient under the minority view because it incorporated the necessary conduct by the driver that encompassed recklessness. As the guard's negligence count was overinclusive, it was not fatal to either count that the guard advanced the same facts under alternative theories of liability. Whether a defendant's conduct constitutes reckless disregard of a plaintiff's rights is usually a question of fact and, therefore, it is not the role of a court on a motion to strike to establish a line separating negligence from recklessness and decide if the defendant has crossed it. Such analysis is more appropriately left to the trier of fact, except in cases where the alleged facts could never support a finding of recklessness by a reasonable jury.
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: Rosario v. Bergenty, 2013 Conn. Super. LEXIS 2163, 2013 WL 5663638 (Conn. Super. Ct. Sept. 30, 2013)
