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Date: 07-06-2021
Case Style:
Case Number: 3:21-cv-00630-JAM
Judge: Jeffrey A. Meyer
Court: United States District Court for the District of Connecticut (New Haven County)
Plaintiff's Attorney:
Defendant's Attorney: Michelle Lynn McConaghy
Description: New Haven, CT: Personal injury lawyer represented Plaintiff, who sued Defendant on a Federal Tort Claims Act auto negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident caused by a federal government employee.
Generally speaking all negligence cases have the same three elements: (1) failure to exercise due care, (2) injury as a direct result of the failure to exercise due care, and a direct casual relationship between the failure to exercise due care and the claimed injuries and/or damages.
The defenses usually asserted by defendants are no negligence, no damages, claimed injuries existed before the claimed event and/or contributory or comparative negligence.
Outcome: 07/06/2021 10 ORDER GRANTING MOTION TO DISMISS (Doc. # 9 ). The docket reflects that defendant USA filed a motion to dismiss on June 1, 2021 and that plaintiffs have not filed any objection or other response. This Court's rules provide that "[f]ailure to submit a memorandum in opposition to a motion may be deemed sufficient cause to grant the motion, except where the pleadings provide sufficient grounds to deny the motion." D. Conn. Local Civ. R. 7(a). Based on plaintiffs' failure to file an opposition and based on the Court's conclusion--after review of the arguments set forth in the motion to dismiss--that there is substantial merit to the motion to dismiss, the Court GRANTS the motion to dismiss with prejudice for failure to timely exhaust administrative remedies. The Clerk of Court shall close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 07/06/2021. (Martinez, C.) (Entered: 07/06/2021)
07/06/2021 11 JUDGMENT entered in favor of USA against plaintiffs James Riccio and Madeline Riccio.
For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms
Signed by Clerk on 7/6/21.(Barry, Donna) (Entered: 07/06/2021)
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(Barry, Donna) (Entered: 07/06/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: