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PERSONAL INJURY: Superior court denies plaintiff’s motion to strike apportionment complaint where, although apportionment defendant’s actions were intentional, apportionment plaintiff had adequately alleged negligent conduct

PERSONAL INJURY: Superior Court Denies Plaintiff’s Motion To Strike Apportionment Complaint Where, Although Apportionment Defendant’s Actions Were Intentional, Apportionment Plaintiff Had Adequately Alleged Negligent Conduct

The plaintiff brought a negligence suit against a behavioral health treatment facility for children alleging that an adult woman had sexually assaulted, abused, and neglected the plaintiff while he was admitted to the facility.  The facility filed an apportionment complaint against the abuser alleging that if the plaintiff’s injuries were caused by negligence and carelessness, then they were caused by the negligence and carelessness of the abuser.  The plaintiff moved to strike the apportionment complaint, claiming that Conn. Gen. Stat. § 52-572h(o) allows apportionment only for negligent actors and that the abuser’s alleged actions were intentional, not negligent.

The court held that it would not consider the abuser’s guilty plea to sexual assault in the second degree and risk of injury to a minor in deciding the motion to strike and denied the plaintiff’s motion.  It held that the facility had adequately alleged negligent conduct in its apportionment complaint, when read as a whole.

Doe v. Childrens Center of Hamden, No. CV 17-5032966 (04/25/2018)

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