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Ullmar v. Robco Group

Connecticut Superior Court, Judicial District of Hartford-New Britain at Hartford
Feb 18, 1992
1992 Ct. Sup. 1344 (Conn. Super. Ct. 1992)

Summary

granting motion to strike product liability claim because of the failure to allege that the defendant was a product seller

Summary of this case from Gilbane Building Co. v. Stamford Towers

Opinion

No. 379465

February 18, 1992.


MEMORANDUM OF DECISION RE: MOTION TO STRIKE (#125)


FACTS

The original complaint, filed on June 18, 1990, alleges that on or about August 7, 1989, the minor plaintiff, David Ullmar, was injured when he dove into a pool located on property owned by the Discipios. The complaint brought a product liability action against Robco Group, Inc., the seller and installer of the pool liner. In its third-party complaint, filed on May 17, 1991, Robco Group, Inc., seeks to implead the Discipios. Count I is a common law indemnity claim based upon active and passive negligence. Count II brings a product liability claim against the Discipios, based upon General Statutes 52-572m et seq.

The Discipios filed a motion to strike the third-party complaint as to them, on June 10, 1991. They based the motion on the grounds that: 1) Count I fails to allege any relationship between the parties sufficient to support indemnification, and 2) Count II fails to allege that the third-party defendants are product sellers subject to liability under the Products Liability Act. The Discipios also filed a memorandum in support of the motion on June 10, 1991, and Robco filed an opposing memorandum, dated October 1, 1991.

DISCUSSION

A motion to strike is the proper mechanism for challenging the legal sufficiency of a pleading. Mingachos v. CBS, Inc., 196 Conn. 91, 108, 491 A.2d 368 (1985). A motion to strike admits all well-pleaded facts. Id.

"Implicit in indemnification cases is the requirement of an independent legal relationship between the indemnitors and indemnitee giving rise to a special duty." Athison v. Berloni, 23 Conn. App. 325, 327, 580 A.2d 84 (1990).

For Count I of Robco's third-party complaint to withstand a motion to strike, it must allege an independent legal duty owed by the Discipios to Robco. However, Count I merely alleges negligence on the part of the Discipios, making no claim of an independent legal duty running from the Discipios to Robco, and alleging no facts showing such a duty. Since Count I of the third-party complaint alleges no independent legal duty between the Discipios and Robco, it is clear that the motion to strike Count I should be granted.

Count II attempts to set up a claim against the Discipios pursuant to General Statutes 52-572m et seq., the Products Liability Act. Count II makes no allegation that the Discipios are or were a product seller. The law is well-settled that where a person is not a product seller, he is not subject to liability under the Product Liability Act. Burhert v. Petrol Plus of Naugatuck, Inc., 216 Conn. 65, 72-73, 579 A.2d 26 (1990). Count II should be likewise stricken.

The motion to strike is granted as to Count I and Count II.

Burns, J.


Summaries of

Ullmar v. Robco Group

Connecticut Superior Court, Judicial District of Hartford-New Britain at Hartford
Feb 18, 1992
1992 Ct. Sup. 1344 (Conn. Super. Ct. 1992)

granting motion to strike product liability claim because of the failure to allege that the defendant was a product seller

Summary of this case from Gilbane Building Co. v. Stamford Towers
Case details for

Ullmar v. Robco Group

Case Details

Full title:DAVID ULLMAR, PPA v. ROBCO GROUP, INC

Court:Connecticut Superior Court, Judicial District of Hartford-New Britain at Hartford

Date published: Feb 18, 1992

Citations

1992 Ct. Sup. 1344 (Conn. Super. Ct. 1992)
7 CSCR 344

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