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MODE OF OPERATION: Superior Court upholds ruling in favor of defendant on Motion to Dismiss, as Mode of Operation is not a new cause of action where plaintiff previously brought suit under negligence theory

The Superior Court denies defendant’s Motion to Reargue reaffirming the court’s granting of defendant’s Motion to Dismiss pursuant to the prior pending action doctrine.  The defendant filed the Motion to Dismiss arguing that the plaintiff’s mode of operation claim was barred by the plaintiff’s prior negligence claim.

The court agreed with the defendant that even though in the prior action the plaintiff was not allowed to amend her Complaint to add the mode of operation claim the plaintiff had raised the mode of operation theory in a number of different ways in the prior lawsuit.

Rachel Baribeault v. Wal-Mart Stores East, Limited Partnership, Superior Court, judicial district of New London, Docket No. CV19-6041109-S (December 20, 2019)