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Tort Law Appellate Court Opinion

by Agati, Taryn

 

AC47397, AC47399 - Spiotti v. Clarke ("In these consolidated appeals, the plaintiff, Bryan Spiotti, appeals from the judgments of the trial court granting, in part, the motions of the defendants Wendy Clarke, doing business as Rockstar Cabaret; W Ventures, LLC (Ventures); and Andrew Wielblad to strike the operative complaints in the two underlying actions. On appeal, the plaintiff claims that the trial court improperly granted the motions to strike as to (1) the count against Ventures alleging liability under the Dram Shop Act, General Statutes ยง 30-102, due to the plaintiff's failure to provide timely statutory notice of that claim, (2) the reckless service of alcohol counts against the defendants (a) for the plaintiff's failure to plead the necessary elements of that cause of action and (b) because the firefighter's rule barred those counts, (3) the negligent security counts against the defendants on the grounds that they were barred by the firefighter's rule, and (4) the negligent supervision counts against the defendants on the grounds that (a) the Dram Shop Act barred those counts and (b) the allegations were insufficient to set forth a cause of action for negligent supervision. For the reasons that follow, we reverse the judgments of the trial court only with respect to the granting of the motions to strike as to the Dram Shop Act count against Ventures and as to both the reckless service of alcohol and the negligent supervision counts against the defendants. Accordingly, we reverse in part the judgments of the trial court.")