Swain v. Haberek
A defendant who files a motion to strike may be required to include all of the legal claims in a particular count. The plaintiff, Tracy Swain, alleged that after she requested that the defendant first selectman, Edward Haberek, cease communicating with her, Haberek allegedly sent her a sexually "graphic" picture of himself, using the municipality's computer or electronic equipment. Allegedly, Swain experienced extreme emotional distress and physical sickness. Swain sued Haberek and the Town of Stonington, alleging negligence and negligent infliction of emotional distress. Swain's complaint alleged that the municipality was responsible, pursuant to the legal doctrine of respondeat superior and Connecticut General Statutes §7-465. The municipality moved to strike and argued that the plaintiff failed to provide written notice to the town clerk within six months, as required pursuant to C.G.S. §7-465. The plaintiff objected that the municipality waived any claim it was not legally responsible, because it asserted that First Selectman Haberek was an agent of the municipality at the time of the alleged conduct. The court found that the municipality's motion to strike failed to discuss the plaintiff's respondeat superior claim, which was included in the same count. "[T]he town's motion to strike," wrote the court, "must fail if it fails to reach all of the claims set forth in that count." The court denied the municipality's motion to strike.