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Danko v. Redway Enterprises, Inc.
State: Connecticut
Court: Supreme Court
Docket No: SC16150
Case Date: 08/15/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** CONSTANCE DANKO ET AL. v. REDWAY ENTERPRISES, INC., ET AL. (SC 16150)
Borden, Katz, Palmer, Sullivan and Vertefeuille, Js. Argued February 18--officially released August 22, 2000 Counsel

Joshua D. Koskoff, for the appellants-appellees (plaintiffs). Eric P. Smith, with whom, on the brief, was Donn A. Swift, for the appellee-appellant (named defendant).
Opinion

PALMER, J. This certified appeal from the judgment of the Appellate Court raises two principal issues: (1) whether, as a general rule, statements made in a stricken pleading are admissible as evidential admissions of the party who pleaded them; and (2) if so, whether statements in a stricken apportionment complaint are subject to that general rule. We answer each of these questions in the affirmative. Accordingly, we reverse the judgment of the Appellate Court. The relevant facts and procedural history are set forth

in the opinion of the Appellate Court. ``On September 18, 1993, [the named plaintiff] Constance Danko1 sustained an injury during a wedding reception at the Red House of Johnsonville, Inc. (Red House). She claimed that the injury was caused by a defective dance floor. By an amended complaint, the plaintiffs brought suit against Red House, Redway [Enterprises, Inc., the named defendant (defendant)], from which the dance floor had been rented, Culinary Concepts, LLC (Culinary Concepts), which had rented the dance floor from [the defendant], and Shelby Williams Industry, Inc. (Shelby), the manufacturer of the dance floor. The plaintiffs subsequently withdrew their claims against Red House, Culinary Concepts and Shelby. ``On July 7, 1997, pursuant to General Statutes
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