Dabre v. Filene's Department Store, No. Cv99-0066429s (Apr. 26, 2000), 2000 Conn. Super. Ct. 4805

Dabre v. Filene's Department Store, No. Cv99-0066429s (Apr. 26, 2000)

2000 Conn. Super. Ct. 4805

| Conn. Super. Ct. | 2000

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION ON MOTION TO STRIKE #110 AND #112 (Defendant Filene's) #106 (Conn. Post Mall) Count One — Denied.

The facts alleged are sufficient to sustain a claim of negligent infliction of injury by the defendants or either of them.

Count Two — Granted.

The facts alleged do not rise to the level required to support the elements of this cause of action. DeLaurentis v. NewHaven, 220 Conn. 225, 266.

Count Six — Denied.

The plaintiff's allegations, if sustained, are sufficient to support the elements of this cause of action.

Count Seven — Granted.

The facts alleged are insufficient to support this claim which requires publication.

Count Eight — Granted.

The appropriate and available remedy for this count is an administrative appeal which may not be joined with a civil action claiming other remedies. CT Page 4806

BY THE COURT,

George W. Ripley, II Judge Trial Referee