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CONNECTICUT OPINIONS JANUARY 4, 2021 ¦ 35

PERSONAL INJURY claims against both groups of defendants. De-
fendants Lira-Berrum and Domino’s moved to
Court Denied Defendants’ Argument strike all counts against them alleging misjoin-
that Claim of Loss of Parental der, and the court denied the motion. Defen-
dants Lira-Berrum and Domino’s argued that,
Consortium is Insufficient Because the because the accidents were separate and had
Child Was Not Yet Born different defendants, joinder was impermis-
sible because the injuries did not arise out of
CASE: Lavoie v. City of Bridgeport the same transaction. Plaintiff argued that it
COURT: Fairfield J.D. at Bridgeport would be too burdensome for the judicial sys-
DOC. NO.: CV-19-6091558
COURT OPINION BY: Dayton tem to distinguish the claims, and too difficult
for a physician to determine which accident
DATE: December 15, 2020 • PAGES: 12 caused the injuries. The court noted that de-
fendants Lira-Berrum and Domino’s admitted
Plaintiff was driving when she was hit by a car that injuries in the second accident could have
driven by Peter Billings. Plaintiff was pregnant exacerbated plaintiff ’s injuries from the initial
with her son M.L. at the time of the accident and accident, and that the accidents were both sim-
suffered severe injuries. Plaintiff filed a lawsuit, ilar in nature. The court also noted the similar-
one of the claims being loss of parental consor- ity in injuries, and that the interrelatedness of
tium. Defendants filed a motion to strike that the injuries would encourage the defendants to
count and the court denied the motion. Defen- shift the blame to each other. Overall, using the
dants argued that the state does not recognize joinder test from Mills, the court found joinder
a cause of action for loss of parental consor- proper and denied the motion to strike.
tium on behalf of a child who was in utero at the
time of his parent’s injury because a parent does
not begin providing critically important services
until the child is born. Plaintiff disagreed, cit- Court Finds Two-Year Period of
ing multiple cases to support its claim that the Spying and Photography Sufficiently
inclusion of unborn children as claimants for Oppressive to Survive Motion to Strike
cases in tort law has been established for a long on Invasion of Privacy
time. The court determined that to the extent a
plaintiff can establish an injury that had an ac-
tual negative impact on the parent’s caregiving CASE: Watson v. Warzecha
abilities, public policy and tort law principles COURT: Hartford J.D. at Hartford
favor compensating innocent parties. Therefore, DOC. NO.: CV-18-6094029
the court found that plaintiff ’s allegations were COURT OPINION BY: Noble
legally sufficient for a claim of loss of parental DATE: December 11, 2020 • PAGES: 4
consortium.
Over the course of two years, plaintiff alleged the
defendant photographed her and her children,
surveilled her property, peered into the windows
Court Finds Joinder Proper in Separate of her house, and spied on her from his adjacent
Motor Vehicle Accident Negligence property. Plaintiff brought claims of invasion of
Actions privacy and intentional infliction of emotion-
al distress, and defendant moved to strike the
counts. As to invasion of privacy, defendant ar-
CASE: Vrenezi v. Louzada gued that a reasonable person could not find the
COURT: Danbury J.D. at Danbury conduct highly offensive. As to infliction of emo-
DOC. NO.: CV-20-6036141 tional distress, defendant argued plaintiff did not
COURT OPINION BY: Kowalski allege sufficient facts that the conduct was “ex-
DATE: December 09, 2020 • PAGES: 12
Plaintiff was injured in May 2018 during a treme or outrageous.” The court disagreed, find-
motor vehicle accident allegedly caused by de- ing that repeated photographing and spying over
fendant Louzada, and was also allegedly in- the course of two years was sufficiently oppres-
jured in September 2018 in a separate motor sive as to be actionable. The court also found the
vehicle accident allegedly caused by defendants two-year period of alleged photography and spy-
Lira-Berrum and Domino’s Pizza. Plaintiff al- ing could be considered by a juror to exceed all
leged injuries to her back and neck were the re- bounds usually tolerated by decent society. The
sult of both accidents, and brought negligence court denied the motion to dismiss the counts.

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