Improper Plea Dismisses Claim Against Drug-Induced Driver
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Criminal DUI-DWI
Summary: Blog post about a case where the claim against a driver who was under the influence of drugs was dismissed because it was not properly pleaded.
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Passenger failed to plead violation of Connecticut statute, gross negligence was not recognized, and recklessness was not sufficiently pleaded; therefore, damages were unavailable.
Defendants, driver and owner, moved to strike those portions of plaintiff passenger's amended complaint that requested double and treble damages for recklessness and gross negligence, claiming that because neither cause of action was recognizable, damages were unavailable.
The passenger was injured when the driver, while under the influence of drugs, lost control of the owner's vehicle in Vermont. The passenger amended his original complaint to allege violations of Vermont statutes and deleted all references to violation of Connecticut statutes. However, he continued to seek damages under Conn. Gen. Stat. § 14-295. The court held that although the passenger pleaded certain Vermont statutory violations that were similar to Connecticut statutes, they were not the statutory violations ofConnecticut law specifically enumerated in § 14-295. Gross negligence was not recognized in Connecticutand the allegations regarding recklessness were not pleaded with sufficient factual detail to distinguish it from the negligence cause of action. Therefore, the prayer for relief seeking double/treble damages and/or punitive damages had to be stricken. The motion to strike was granted.
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: Daly v. Krystock, 2002 Conn. Super. LEXIS 1059 (Conn. Super. Ct. LEXIS April 5, 2002)
