Plaintiff Struck In Face with Glass By Drunk Minor, Sues Bar

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Plaintiff, an injured party, sued defendants, the owners and operators of a bar, seeking to recover damages arising from an incident in which the injured party was assaulted in the bar. Pursuant to Conn. Gen. Prac. Book, R. Super. Ct. § 10-39 et seq., defendants filed a motion to strike counts two, four, and six of the plaintiff's complaint, which alleged gross negligence and wanton, willful, and reckless conduct.

The injured party allegedly was assaulted and struck in the face with a large beer glass at the bar in question. In the motion to strike, defendants contended that Connecticut did not recognize a cause of action for gross negligence and that the allegations of the injured party's complaint did not support a claim for wanton and reckless conduct. The appellate court held that Connecticut in fact did not recognize a cause of action for gross negligence against an alcohol provider. The majority of state precedent held that there was no cause of action in gross negligence against a server of alcohol because Connecticut did not recognize different gradations of negligence. Therefore, the portions of the complaint which alleged gross negligence had to be stricken. However, the court held that the motion to strike had to be denied as to claims of wanton and reckless conduct. The injured party alleged that employees of the bar sold alcohol to a minor, who subsequently assaulted the injured party. The court held that this was sufficient to support a cause of action for recklessness.

Defendants' motion to strike that portion of counts two, four and six of the complaint which alleged a cause of action in gross negligence was granted, and the motion to strike portion of counts two, four and six which alleged willful, wanton, and reckless conduct 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: Lucas v. JNS, LLC, 2005 Conn. Super. LEXIS 2029 (August 9, 2005)