Murphy v. Mohegan Tribal Gaming Authority

MEMORANDUM OF DECISION ON DEFENDANT, PLAN “IF’, MOTION TO STRIKE

WILSON, Judge.

I

This is the second Motion to Strike filed by the Defendant Plan “B” in this case. The first such motion was directed to the Plaintiffs second amended complaint which set forth two causes of action against Plan “B”: Count Three alleged a claim of recklessness; and Count Four a claim of negligence, in the serving of alcohol to the Plaintiff. The court granted the motion as to Count Four and denied it as to Count Three. Murphy v. MTGA, 3 G.D.R. 11, 6 Am. Tribal Law 580, 2006 WL 6181099 (2006). The facts, procedural…