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McGowan v. Aetna Casualty

Connecticut Superior Court, Judicial District of Waterbury
May 29, 1991
1991 Ct. Sup. 3788 (Conn. Super. Ct. 1991)

Summary

relying on Clamage

Summary of this case from Fischer v. Aetna Casualty and Surety Co.

Opinion

No. 095455

May 29, 1991.


ORDER (re#124)


After hearing held on defendant's motion to strike, it is hereby ORDERED:

The court adopts the finding of Judge Cioffi expressed in Clamage v. Aetna Casualty and Surety Company, 1 Conn. L. Rptr. 529, 530 (1990):

"The use of the word `defendant' in Jack v. Scanlon, [ 4 Conn. App. 451 (1990),] as well as the. . .legislative history of 14-295 indicates that the language `another party' as used in 14-295 refers to a party to the suit in which the injured party seeks damages. Therefore, the plaintiff's allegations of negligence, carelessness and statutory violations of [Oullette], who is not a party to the suit, do not entitle the plaintiff to demand double and treble damages from the defendant Aetna."

If the plaintiff has a right to the recovery of double or treble damages, it is by virtue of the language of 14-295 of the Statutes which, in the instant context, permits such recovery against the culpable "party", viz., Donna L. Oullette. Since Oullette is not a party to this action, the statute is inoperative, and no such recovery may be had against the named defendant.

The motion is granted.

GAFFNEY, J.


Summaries of

McGowan v. Aetna Casualty

Connecticut Superior Court, Judicial District of Waterbury
May 29, 1991
1991 Ct. Sup. 3788 (Conn. Super. Ct. 1991)

relying on Clamage

Summary of this case from Fischer v. Aetna Casualty and Surety Co.
Case details for

McGowan v. Aetna Casualty

Case Details

Full title:ANN C. McGOWAN v. AETNA CASUALTY

Court:Connecticut Superior Court, Judicial District of Waterbury

Date published: May 29, 1991

Citations

1991 Ct. Sup. 3788 (Conn. Super. Ct. 1991)

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