On December 26, 2019 a
Motion-Secondary
was filed
involving a dispute between
Carlos Casillas,
and
Carolyn Hart,
James M Gay,
Stonehouse, Llc,
for T90 - Torts - All other
in the District Court of New London County.
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DOCKET NO. CV20-6044418-S SUPERIOR COURT
CARLOS CASILLAS J.D. OF NEW LONDON
VS. AT NEW LONDON
STONEHOUSE,LLC,ET AL. APRIL 29,2020
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STRIKE
The plaintiff, Carlos Casillas, hereby submits this memorandum of law in support of his
motion to strike (Document Entry No. 126.00) the defendant, Stonehouse, LLC's, Third and
Fourth Special Defenses of its answer and special defenses dated March 19, 2020(Document No.
107.00), the defendant, Carolyn Hart's, Third and Fourth Special Defenses of her answer and
special defenses dated March 19, 2020 (Document No. 108.00), and the defendant, James M.
Gay's, Third and Fourth Special Defenses of his answer and special defenses dated March 19,
2020(Document No. 109.00). All of these special defenses sound in contributory negligence, and
are being asserted against the plaintiffs claims under General Statutes § 30-102, the Dram Shop
Act. It is well established that contributory negligence is not a valid defense to dram shop claims.
To the extent that any of these special defenses can be interpreted as being made under an
assumption of risk theory, that defense is also inapplicable to these dram shop claims. Resultantly,
these defenses should be stricken.
Brennan, Gray & Greenberg, RC. THE COURTNEY BUILDtNC, SUITE 200. 2 UNION PLAZA. POST OI PICE BOX IMI
NEW LONDON, CONNECTICUT 0b320
TEL iShOl 442-44 16
lURISNO 021 14
Document Filed Date
April 29, 2020
Case Filing Date
December 26, 2019
Category
T90 - Torts - All other
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DOCKET NO. CV20-6044418-S SUPERIOR COURT CARLOS CASILLAS J.D. OF NEW LONDON VS. AT NEW LONDON STONEHOUSE,LLC,ET AL. APRIL 29,2020 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STRIKE The plaintiff, Carlos Casillas, hereby submits this memorandum of law in support of his motion to strike (Document Entry No. 126.00) the defendant, Stonehouse, LLC's, Third and Fourth Special Defenses of its answer and special defenses dated March 19, 2020(Document No. 107.00), the defendant, Carolyn Hart's, Third and Fourth Special Defenses of her answer and special defenses dated March 19, 2020 (Document No. 108.00), and the defendant, James M. Gay's, Third and Fourth Special Defenses of his answer and special defenses dated March 19, 2020(Document No. 109.00). All of these special defenses sound in contributory negligence, and are being asserted against the plaintiffs claims under General Statutes § 30-102, the Dram Shop Act. It is well established that contributory negligence is not a valid defense to dram shop claims. To the extent that any of these special defenses can be interpreted as being made under an assumption of risk theory, that defense is also inapplicable to these dram shop claims. Resultantly, these defenses should be stricken. Brennan, Gray & Greenberg, RC. THE COURTNEY BUILDtNC, SUITE 200. 2 UNION PLAZA. POST OI PICE BOX IMI NEW LONDON, CONNECTICUT 0b320 TEL iShOl 442-44 16 lURISNO 021 14