Default Judgment & Stating a Claim: Essential Pleading

The plaintiff alleges in the second count of his complaint that the defendant, Nardi, Inc. owned, operated, managed, possessed and/or maintained the premises known as 45 Glendale Road in South Windsor, Connecticut. The plaintiff further alleges that on February 3, 2021, he was walking through the parking lot at the premises when he was caused to slip and fall due to icy, slippery, defective, and dangerous conditions then and there existing.

Default Judgment Denied: Failure to Allege Facts for Cause of Action

The court notes that the complaint does not contain allegations of negligence or carelessness or breach of duty as to defendant Nardi, Inc. Instead, the only allegations of negligence are directed to the co-defendant in the first count, which the plaintiff re-incorporated in the second count. However, the court granted a motion for summary judgment as to the first count based on the ongoing storm doctrine. Only the second count directed to Nardi, Inc. remained. On November 23, 2022, a motion for default for failure to appear was granted against Nardi, Inc. Based on the default entered against Nardi, Inc., the plaintiff sought a hearing in damages which was granted and scheduled. At the hearing, the plaintiff presented evidence of his claimed damages. Ultimately, the court determined that the second count of the plaintiff’s complaint does not set forth the elements of a cause of action against Nardi, Inc. The court states that as long as the pleadings provide sufficient notice of the facts claimed and the issues to be tried and do not surprise or prejudice the opposing party, it will not conclude that the complaint is insufficient to allow recovery. A default admits the material facts that constitute a cause of action and entry of default, when appropriately made, conclusively determines the liability of a defendant.

Importance of Pleading Duty and Breach in Negligence Claims

Where a complaint sets forth facts that constitute a cause of action, the entry of default against the defendant commands the rendering of judgment in favor of the plaintiff. However, in this case, the court finds that the complaint lacks allegations of material fact that constitute a cause of action, including allegations as to duty and breach of that duty. The allegations fail to satisfy the threshold legal test to sustain a cause of action. As such, the complaint did not provide sufficient notice to Nardi, Inc. of a cause of action being alleged against it. The court therefore did not consider the plaintiff’s claimed damages and entered judgment for the non-appearing defendant. Ortiz v. Charbonneau, No. HHD CV 22 6159336 S, 2025 WL 972423 (Conn. Super. Ct. Mar. 25, 2025)