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JASON A. KOENIG v. JUSTINE SMITH.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO STRIKE ( #101)

JOSEPH A. LICARI, JUDGE.

This court has addressed the issues raised here before and remains persuaded by that line of cases represented by Camparone v. Cooper, 7 Conn. L. Rptr. 263 (September 21, 1992), and Anderson v. Ansali, 8 Conn. L. Rptr. 242 (February 15, 1993), requiring allegations of both an enumerated statutory violation and a supporting fact pattern in order to claim 14-295 multiple damages.

Count Two

The plaintiff has not done so. The plaintiff relies upon the same simple negligent claims to establish both negligence and reckless conduct. As a result the defendant lacks fair notice of those facts upon which the plaintiff relies to prove the distinct and more culpable claim of reckless conduct. While the same set of facts may support both negligence and recklessness that is not the case here. Rebadging simple negligence is not enough, even reading the complaint in the light most favorable to the plaintiff.

Count Three

The plaintiff's third count sounding in common-law recklessness suffers from the same infirmity insofar as rebadging a simple negligence claim is concerned.

Motion granted. CT Page 13782

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KOENIG v. SMITH, No. CV04-0488145-S (Jul. 25, 2006)
(Jul 25, 2006)