Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:03-cv-00990-AWT

Document 24

Filed 06/15/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ALEXANDER GRAHAM and JOSE CUEVAS Plaintiffs, V. FIRELINE, INC. Defendant. : : : : : : : : : : CIVIL NO. 3:03 CV 990 (AWT)

JUNE 15, 2004

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Pursuant to Fed.R.Civ.P. 56, the defendant, Fireline, Inc. ("Defendant" or "Fireline"), through its undersigned counsel, respectfully moves the Court for summary judgment. This is an action sounding solely in an alleged violation of the Connecticut Products Liability Act, Conn. Gen. Stat. § 52-572m et seq. Plaintiffs, Jose Cuevas and Alexander Graham ("Plaintiffs"), have no expert opinion as to liability/causation in this matter. Absent expert testimony on this issue, Plaintiffs cannot meet their burden of proof. There is no genuine issue of material fact, and In support of its Motion, Defendant

Defendant is entitled to judgment as a matter of law. submits a Memorandum of Law.

WHEREFORE, Defendant respectfully requests that the Court grant summary judgment in its favor.

Case 3:03-cv-00990-AWT

Document 24

Filed 06/15/2004

Page 2 of 3

THE DEFENDANT FIRELINE, INC.

By /s/ Charles F. Gfeller Mark B. Seiger, Esq. Fed. Bar No. ct 05580 Charles F. Gfeller, Esq. Fed. Bar No. ct 18119 EDWARDS & ANGELL, LLP 90 State House Square Hartford, Connecticut 06103 (860) 525-5065 Telecopy (860) 527-4198

-2-

HFD_136962_1.DOC/CGFELLER

Case 3:03-cv-00990-AWT

Document 24

Filed 06/15/2004

Page 3 of 3

CERTIFICATION

This is to certify that on the 15th day of June, 2004, a copy of the foregoing has been mailed via First Class U.S. Mail mail, postage pre-paid, to: Thomas A. Virgulto, Esq. Mongillo, Insler & Virgulto, P.C. 26 Elm Street New Haven, CT 06510

/s/ Charles F. Gfeller Charles F. Gfeller

-3-

HFD_136962_1.DOC/CGFELLER