Treble Damages Denied in Drunk Driving Accident

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The defendant estate, acting through and by Nicholas G. Framularo, Administrator of the Estate of Robin Lively, has filed a motion to strike Count Three of the plaintiff’s Revised Complaint, dated October 1, 2014 and paragraph four of the Prayer for Relief seeking double and treble damages pursuant to General Statutes §14-295. The defendant estate claims Count Three, which alleges recklessness, fails to state a legally sufficient cause of action, and the prayer for relief, which seeks double and treble damages against the defendant estate is expressly prohibited by General Statutes §52-599(c)(3).

A summary of the allegations reveal that on June 17, 2013 at approximately 4:25 p.m., the plaintiff was operating his motor vehicle in a northerly direction on Interstate 95 in Bridgeport, Connecticut. The decedent was operating a vehicle owned by the defendant Independent, also in a northerly direction behind the plaintiff’s vehicle. The vehicle operated by Lively and owned by Independent struck the rear  of the plaintiff’s vehicle. In Count Three of the Revised Complaint, which is the subject of this motion to strike, the plaintiff alleges that the decedent Lively was reckless in his operation of Independent’s vehicle. Count Three alleges that Lively’s conduct in the operation of Independent’s vehicle was reckless in that he violated General Statutes §14-218a(a) by operating his vehicle at a rate of speed that was greater than reasonable, and that Lively violated General Statutes §14-227a(a) by operating his vehicle while under the influence of alcohol or drugs. Count Three also alleges that the recklessness of the decedent was a substantial factor in causing the collision and the plaintiff’s injuries and losses.

The motion to strike Count Three is granted as to any claim of a violation of General Statutes §14-295. The motion to strike Count Three, as to an allegation of common-law negligence, is denied. The motion to strike the claim for relief for double and treble damages pursuant to §14-295 is granted. The motion has not been directed to the claim for relief for common-law punitive damages. Therefore, that claim remains.

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: DeLorenzo v. Framularo, 2015 Conn. Super. LEXIS 2183  (Conn. Super. Ct. Aug. 18, 2015)

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