488 A.2d 102 | Conn. Super. Ct. | 1985
The plaintiff brings this action to recover from the defendants for injuries she allegedly sustained when a product owned by the defendant Moser Farms Dairy, Inc., and manufactured by the defendant Cumberland Corporation (Cumberland) fell on her. The plaintiff's complaint is in three counts; strict liability pursuant to General Statutes §
The defendant Cumberland moves to strike the second and third counts on the grounds that the causes of action alleged in those counts, negligence and implied warranty, cannot be asserted simultaneously with a claim for strict product liability, as set forth in the first count, pursuant to General Statutes §
A motion to strike tests the legal sufficiency of any complaint or any one or more counts thereof. Practice Book § 152; Tango v. New Haven,
General Statutes §
In the interpretation of statutes, the intent of the legislature is to be found not in what it meant to say, but in what it did say; Gomeau v. Forrest,
Section
General Statutes §
The plaintiff should have the right to determine whether to proceed upon the common law counts or the statutory count by deleting counts two and three or count one.1
If the plaintiff makes such election within thirty days, the defendant's motion to strike is denied, otherwise it is granted.