Failure to Allege Willful Recklessness Undermines Claim for Exemplary Damages

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The plaintiff’s claim arises out of a two-car accident that occurred on I-91 in Hartford, Connecticut. The plaintiff sought double or treble damages, as allowed by Connecticut General Statute § 14-295. This statute allows for a punitive, multiplication of a plaintiff’s award by the court, in order to deter individuals from participating in willfully reckless behavior.

Plaintiff filed a complaint, alleging defendant negligently caused the accident because he was speeding. Later, plaintiff alleged defendant violated Conn. Gen. Stat. § 14-218(a) and sought double or treble damages pursuant to Conn. Gen. Stat. § 14-295. Defendant filed a motion to strike plaintiff's prayer, arguing plaintiff had not sufficiently alleged a cause of action to which Conn. Gen. Stat. § 14-295 applied because plaintiff's complaint merely alleged negligence, not recklessness. The court noted it had not addressed the pleading requirements of Conn. Gen. Stat. § 14-295 and that there was a split of authority on the matter. The court declined to adopt a standard and held plaintiff's allegations were insufficient to support his claim under either standard. The court granted the motion, holding plaintiff failed to allege in his complaint that defendant acted deliberately or with reckless disregard while speeding and had previously denied an intent to allege recklessness in response to defendant's request to revise, thereby making his claim insufficient. Motion granted, because plaintiff failed to allege in his complaint that defendant acted deliberately or with reckless disregard while speeding and had previously denied an intent to allege recklessness in response to defendant's request to revise. Therefore, plaintiff's allegations were not sufficient to support his claim for exemplary damages.

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. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Bloomberg v. Better, 2000 Conn. Super. LEXIS 3044 (Conn. Super. Ct. Nov. 09, 2000)