Free Intervenor Complaint - District Court of Connecticut - Connecticut

A °~ Case 3:03-cv—O1038—RNC Document 17 Filed O4/O5f2004 Page 1 of 4 }
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BRIAN KENNEDY : CIVIL ACTION NO. I Il H N
Plarnfrff : 3:03 cv 1038(RNC) y
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. KEVIN FOLEY : FEBRUARY 18, 2004 E
Defendant I
INTERVENING COMPLAINT OF THE STATE OF CONNECTICUT
The Subscriber, State of Connecticut, also hereinafter referred to as the Em-
ployer, represents the following: y
FIRST COUNT: j
1. On or about September 10, 2001 and for some time prior thereto, the
plaintiff was employed by the co-plaintiff, State of Connecticut.
2. On or about the aforesaid date, the plaintifflwas caused to suffer bodily in-
juries due to an accident which occurred as described in Paragraphs 1 through 10 ofthe
First Count of the plaintiffs complaint, which paragraphs lare incorporated herein by ref-
erence as subparagraphs of this paragraph, the same as though fully set out herein.
3. The plaintiff, Brian Kennedy, has instituted an action known as a third
party action under the terms of Conn. Gen. Stat. § 31-293 entitled Brian Kennedy v.
Kevin Foley, in the United States District Court, District of Connecticut at Hartford to re-
cover damages for which the named defendant is alleged to be legally liable.
4. The said accident and the resulting injuries to the employee plaintiff were
caused by the negligence and carelessness of the defendant as described in paragraph
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Case 3:03-cv-010 _8-RNC Document 17 Filed O4/Q5/2004 Page 2 of 4
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11 ofthe First Count ofthe plaintiffs complaint, which paragraph is incorporated here by
reference the same as though fully set out herein.
5. The employment of said Brian Kennedy by this co-plaintiff was within the I
g scope of the VVorkers’ Compensation Act of the State of Connecticut and his injuries
arose out of and in the course of this employment. N
6. After the occurrence of said accident the said notified this co—plaintiff of I
same and of his injuries all as set out in his complaint, and this co-plaintiff provided him I
with medical attention and has expended the sum of $ for said medical at- é
tention to date, and may be obliged to expend further sums in the future on account I
thereof, in accordance with the Workers' Compensation Act. I
7. As a further result of the aforesaid accident, this co-plaintiff was obliged to
expend sums of money for the payment of compensation, in addition to the medical
payments mentioned above, the same amounting to $ and may be obliged ,
to expend further sums in the future in payment for such further compensation as may I
be awarded by the Compensation Commissioner or as may be agreed upon between
the parties and approved by the said Commissioner.
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· Case 3:03-cv-01038-RNC Document 17 Filed O4/Q5/2004 Page 3 of 4 l
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SECOND COUNT:
1-11. Paragraphs 1 through 11 ofthe Second Count ofthe pIaintiff’s complaint
are hereby made paragraphs 1 through 11 ofthis count the same as though fully set out
herein.
- 12-14. Paragraphs 5 through 7 of the First Count of this intervening complaint
are hereby made paragraphs 12 through 14 of this count the same as though fully set
out herein.
WHEREFORE, the co-plaintiff, State of Connecticut, claims that any damages
recovered in said action shall be so paid and apportioned that it will be reimbursed to
them for the amounts it has paid and become obligated to pay under the Workers'
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Compensation Act plus the present worth of any probable future payments.
STATE OF CONNECTICUT _
RICHARD BLUIVIENTHAL ,
ATTORNEY GENERAL i
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William J. I\/IcCu|lough
Assistant Attorney General l
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Philip M. chulz
Assistant Attorney General
55 Elm Street
P.O. Box 120
Hartford, CT 06141-0120
Tel. No. (860) 808-5050
Fed. Bar No. ct00729
Phi|ip.Schu|[email protected]
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l . Case 3:03-cv-0103,8-RNC Document 17 Filed O4{05/2004 Page 4 of 4 l
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CERTIFICATION
THIS IS TO CERTIFY THAT the within pleading was mailed, via certified mail, re-
turn receipt requested, this 18th day of February, 2004, to the following parties and/or
Q counsel of record. 1
; Jeffrey L. IV|ent, Esq.
Rome, lVlcGuigan, l
Sabanosh, P.C.
One State Street
_ Hartford, CT 06103
D. Lincoln Woodard, Esq.
I\/loukawsher & Walsh, LLC
21 Oak Street, Suite 209 *
Hartford, CT 06106 I
Ryan P. Barry, Esq.
l\/loukawsher & Walsh, LLC
21 Oak Street, Suite 209 l
Hartford, CT 06106 i
pla, /7 gy,4
Philip l\/I. Schulz
Assistant Attorney General _
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