Rondeau v. Roane
Allegations that an individual crossed the yellow center lines while talking on a cell can be sufficient to state a cause of action for recklessness. On May 3, 2010, the plaintiff, Daren Rondeau, was driving along Route 205 and the defendant's motor vehicle allegedly crossed the yellow center lines and collided with the plaintiff's motor vehicle. Rondeau sued, alleging that the defendant was reckless and negligent. The defendant moved to strike the recklessness count. The majority view among Connecticut Superior Courts is that to plead statutory recklessness, a plaintiff need only plead that the defendant violated one of the statutes enumerated in Connecticut General Statutes §14-295 and that the violation was a "substantial factor" in causing the plaintiff's injuries. Allegations that the defendant failed to drive in the right lane, pursuant to C.G.S. §14-230(a), and used a cell while driving, in violation of C.G.S. §14-296aa(b), and that these violations were "substantial factors" in causing the plaintiff's injuries, were sufficient to state a cause of action for statutory recklessness. In addition, allegations that the defendant made a conscious choice to act with knowledge of the serious danger that his conduct posed were sufficient to state a cause of action for common-law recklessness. The court denied the defendant's motion to strike.