485 A.2d 940 | Conn. Super. Ct. | 1984
In this action, the plaintiff seeks to recover against the defendants Kathleen A. Salvo and Linda Ann Plofkin for wilful and malicious damage to her property. The second count of the complaint alleges that the defendant Plofkin is an unemancipated minor living with her mother and that, pursuant to General Statutes §
A motion to strike challenges the legal sufficiency of a cause of action or defense; Practice Book § 152; and admits all facts well pleaded. Verdon v. TransamericaIns. Co.,
General Statutes §
This case differs from Repko v. Seriani in that the defendant alleges that the minor child resided with her mother prior to and at the time of the acts allegedly committed by the child.
This court concludes that "control of the minor" is a determining factor in the imposition of liability under §
For that reason the motion to strike is denied.