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O'Connor v. Cutler Glass Co.

Connecticut Superior Court, Judicial District of Danbury
Nov 30, 1994
1994 Ct. Sup. 11955 (Conn. Super. Ct. 1994)

Opinion

No. 31 41 81

November 30, 1994


MEMORANDUM OF DECISION


The plaintiff filed this third party work place injury action against the defendants, Cutler Glass Co., Richard P. Richman and Ellen S. Richman ("Richmans"), on July 20, 1993. The Richmans, to date, have filed no responsive pleadings or special defenses. On October 11, 1994, the Richmans filed a motion for summary judgment asserting that plaintiff's action against them is barred by the exclusivity provisions of the workers' compensation scheme, General Statutes, Sec. 31-284(a). The plaintiff filed a memorandum in opposition on November 10, 1994.

In Grant v. Bassman, 221 Conn. 465, 472, 604 A.2d 814 (1991), the Supreme Court held "that a claim that an injured plaintiff has made an exclusive election of workers' compensation is properly raised by a special defense." Connecticut Practice Book, Sec. 164 requires the defendants to specifically plead their special defenses before they can move for summary judgment on them. See, e.g., Mac's Car City, Inc. v. DeNigris, 18 Conn. App. 525, 528-29, 559 A.2d 712 (1989), cert. denied, 212 Conn. 807, 563 A.2d 1356 (1989) (where the defendant failed to plead the Statute of Limitations as a special defense, the court held it was inappropriate to grant summary judgment on that basis).

Since the Richmans have not pled the special defense of exclusivity, their motion for summary judgment is denied.

Leheny, J.


Summaries of

O'Connor v. Cutler Glass Co.

Connecticut Superior Court, Judicial District of Danbury
Nov 30, 1994
1994 Ct. Sup. 11955 (Conn. Super. Ct. 1994)
Case details for

O'Connor v. Cutler Glass Co.

Case Details

Full title:RICHARD O'CONNOR v. CUTLER GLASS CO., ET AL

Court:Connecticut Superior Court, Judicial District of Danbury

Date published: Nov 30, 1994

Citations

1994 Ct. Sup. 11955 (Conn. Super. Ct. 1994)