Barfield v. Gasparri, No. 111081 (Oct. 12, 1993)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]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

IN RE: MOTION TO STRIKE #122 A motion to strike is properly used to contest "the legal sufficiency of any answer including any special defense contained therein." Practice Book 152(5); see Gurliacci v. Mayer, 218 Conn. 531, 546, 590 A.2d 914 (1991). When considering a motion to strike, the court must construe the pleading favorably to the non-moving party. Novametrix Medical Systems, Inc. v. BOC Group, Inc., 224 Conn. 210, 215,618 A.2d 25 (1992).

The plaintiffs contend that failure to mitigate…