Gagnon v. Home Depot U.S.A., Inc., No. 122287 (Jun. 29, 2001)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION

The defendant has filed a motion to strike the second count of the plaintiff's complaint. The defendant alleges that the second count alleges a cause of action apparently sounding in res ipsa loquitur. The defendant moves to strike that count because res ipsa loquitur is not a cause of action separate from negligence.

The second count reads, after incorporating paragraphs 1 through 4 of count one, paragraph 5, at all times mentioned herein, the use, control and inspection of said premises, and in…