The plaintiff brought suit against the defendant based on injuries he sustained in a motor vehicle collision.
In the first count of his complaint, plaintiff alleged his injuries were caused by the defendant’s negligence, and in the second count, plaintiff alleged essentially the same conduct and set forth a cause of action in common law and statutory recklessness. The defendant moved to strike the recklessness count, arguing that the plaintiff could not assert the same allegations to support both a negligence and recklessness count.
The court, in granting the defendant’s motion to strike, did not agree entirely with the defendant’s argument, but held that the issue was whether the specific factual allegations were insufficient to support the conclusory allegation that the defendant’s conduct was reckless. Mere reference to particular statutes was not enough to support the conclusory allegation.
Strathdee v. Nazzaro, No. CV 17-60432695 (03/05/2018)