Allegations Against Truck Driver Establish Negligence, Nothing More
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post on the topic of the requirements in Connecticut to establish negligence and recklessness in car accident cases.
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Defendant truck driver filed a motion to strike two of three counts of plaintiff injured car driver's personal injury complaint, arising from a collision between the parties. The truck driver claimed that the recklessness count was legally insufficient and failed to state a claim for relief because there was no factual predicate shown, and that the other count, which was against defendant truck owner, also failed to state a claim.
The truck driver allegedly drove in a negligent manner and caused a collision between his truck and the car driver's vehicle, causing the car driver serious injuries. The car driver's three-count complaint alleged negligence by the truck driver in count one. In count two, the same factual allegations of count one were incorporated, with added allegations that such negligence constituted recklessness in violation of various statutes. The third count adopted the factual allegations of count one, but were asserted against the truck owner. The truck driver sought to strike counts two and three, contending that the specifications of intentional and reckless misconduct were the verbatim recitals of the specifications for negligence. The court noted that the complaint alleged that the truck was driven intentionally or with reckless disregard. However, the nature of the conduct that was described in order to assert the reckless conduct was insufficient to establish a claim for that level of conduct, which had to be more than negligence and more than gross negligence. The court did not find that the allegations stated conduct that involved "a serious danger to others." The court granted the truck driver's motion.
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: Dezhbod v. Robichaud, 2003 Conn. Super. LEXIS 2914, 2003 WL 22598010 (Conn. Super. Ct. Oct. 27, 2003)
