From Casetext: Smarter Legal Research

Gurge v. Eggert

Connecticut Superior Court, Judicial District of Fairfield at Bridgeport
Jul 19, 1994
1994 Ct. Sup. 7527 (Conn. Super. Ct. 1994)

Opinion

No. CV91 028 97 79

July 19, 1994


MEMORANDUM OF DECISION MOTION TO STRIKE


While the parental immunity doctrine has been abrogated in certain situations, that is not the case in situations concerning negligent supervision. Pettengill v. Pettengill, 18 Conn. App. 557, 559. There are many Superior Court decisions concerning the applicability of the parental immunity doctrine as it relates to a claim for apportionment of liability pursuant to § 52-572(h). There is a conflict of opinion. This court finds the better reasoned cases allow a defendant to seek apportionment of liabilty [liability] based on allegations that the parent's negligent supervision was the proximate cause of the minor plaintiff's injuries. SeeBrozdowsky v. Southern Connecticut Gas Co., 7 Conn. L. Rptr 240.

In addition, the third party defendants, William and Edna Gurge claim that the third party complaint should be stricken because it fails to state a claim upon which relief can be granted. This court rejects that premise. A defendant who seeks apportionment of liability pursuant to § 52-572(h) must file a document which contains allegations of negligence against the cited in defendant and that the negligence was a proximate cause of the plaintiff's injuries. The remedy sought by the defendant is an "apportionment of liability" based on the cited in parties' alleged negligence.

In making their last claim, the third party defendants move to strike the third party complaint because it fails to seek affirmative relief as required by Connecticut law. The defendant failed to cite any legal authority in support of this proposition. The remedy sought here is an apportionment of liabilty [liability] based on the alleged negligence of the minor plaintiff's parents.

LAWRENCE L. HAUSER, JUDGE


Summaries of

Gurge v. Eggert

Connecticut Superior Court, Judicial District of Fairfield at Bridgeport
Jul 19, 1994
1994 Ct. Sup. 7527 (Conn. Super. Ct. 1994)
Case details for

Gurge v. Eggert

Case Details

Full title:DANIEL GURGE PPA vs. GEORGE EGGERT

Court:Connecticut Superior Court, Judicial District of Fairfield at Bridgeport

Date published: Jul 19, 1994

Citations

1994 Ct. Sup. 7527 (Conn. Super. Ct. 1994)

Citing Cases

Jennings v. Lang

Despite the parental immunity doctrine, a defendant may seek an apportionment of liability from the minor…