Borelli v. Renaldi

Citations

• 336 Conn. 1

Syllabus

The plaintiff, the administratrix of the estate of the decedent, B, sought to recover damages for the death of B as a result of the alleged negligence of the defendants, the town of Seymour and three officers of the Seymour Police Department. B was a backseat passenger in a vehicle operated by E. E had activated underglow lights that were affixed to the undercar- riage of the vehicle, the use of which are illegal, and an officer of the Seymour Police Department, observing the lights, pursued E's vehicle in an attempt to pull E over. In response to the pursuit, E operated his vehicle at a high rate of speed, and, after the officer activated his emergency lights and siren, he notified dispatch that he was in pursuit of E's vehicle. Within two minutes of the start of the pursuit, E's vehicle struck an embankment and flipped onto its roof, causing injuries to B that ultimately resulted in his death. The plaintiff alleged, inter alia, that the officer negligently pursued E's vehicle, the shift supervisor negligently failed to follow department protocol and failed to order the termination of the pursuit, and the defendant town was liable pursuant to statute (§ 52-557n (a) (1) (A)) for the negligent acts of its employees and was required to indemnify the defendant officers. The trial court granted the defendants' motion for summary judgment, concluding that The listing of justices reflects their seniority status on this court as of the date of oral argument. 1 2 FEBRUARY, 2021 336 Conn. 1 Borelli v. Renaldi they were entitled to governmental immunity and that the plaintiff's claim regarding indemnification also failed as a matter of law. In conclud- ing that the defendants were immune from liability, the court reasoned that, although the statute (§ 14-283 (d)) governing the operation of emer- gency vehicles and the town pursuit policy required police officers, in determining whether to initiate a pursuit, to drive with due regard for the safety of the general public, that