PERSONAL INJURY: Trial court holds “wrongful conduct rule” applies where plaintiff was injured while committing crime

8/15/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Category: Personal Injury & Wrongful Death

Peter K. O'Keefe

Plaintiff claimed damages against the entities responsible for a New Haven abandoned power plant when he was severely injured after being electrocuted while attempting to enter a hole in the property’s fence.  The defendants asserted that based on the recently-adopted “wrongful conduct rule” in Connecticut, they owed the plaintiff no duty of care as a matter of law because his injuries were sustained as a direct result of his participation in criminal acts.  Under this rule, a plaintiff may not profit from his or her own criminal acts.  There was an issue of fact as to what specific activity the plaintiff was engaged in while he was injured, as the plaintiff claimed he was attempting to collect scrap metal and the defendants claimed he was attempting to steal wiring.  The court granted the defendants’ motions for summary judgment, holding that the wrongful conduct rule applied to either version of events.  Gonzalez v. Asnat Realty, LLC, et al., No. CV 15-6051564 (07/02/18)

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