The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Tort Law Appellate Court Opinions

by Mazur, Catherine

 

AC39731 - Plainville v. Almost Home Animal Rescue & Shelter, Inc. (Negligence per se; "The plaintiffs, the town of Plainville (town) and Donna Weinhofer, the town's animal control officer, appeal from the judgment of the trial court rendered in favor of the defendant, Almost Home Animal Rescue and Shelter, Inc., following the court's granting of the defendant's motion to strike both counts of the plaintiffs' two count complaint. Count one of the complaint sounded in negligence per se and alleged that the defendant, which operates an animal rescue facility, had failed to care for animals in its custody in violation of General Statutes § 53-247 (a), and that this violation caused the plaintiffs to suffer damages, namely, costs that the town incurred for medical care, shelter, food, and water for the affected animals. Count two sounded in unjust enrichment and was premised on the defendant's failure to reimburse the town for its expenditures in caring for the seized animals.

"On appeal, the plaintiffs claim that the trial court improperly (1) applied an incorrect legal standard in deciding the motion to strike; (2) struck count one of the complaint on the bases that § 53-247 did not establish a duty or standard of care for purposes of maintaining a negligence per se action and that the plaintiffs are not among the class of persons protected by § 53-247; and (3) struck count two of the complaint on the basis that General Statutes § 22-329a (h) provides the exclusive remedy for the damages alleged by the plaintiffs, thus precluding an action for unjust enrichment, and did so without considering and addressing the plaintiffs' argument that the defendant had stipulated in a prior action that the plaintiffs were entitled to seek damages without regard to § 22-329a. We disagree and affirm the judgment of the court.")