Dobie v. New Haven

Citations

• 346 Conn. 487

Syllabus

Pursuant to statute (§ 52-557n (a) (1)), ''[e]xcept as otherwise provided by law, a political subdivision of the state shall be liable for damages to person or property caused by . . . [t]he negligent acts or omissions of such political subdivision or any employee . . . thereof acting within the scope of his employment or official duties . . . provided, no cause of action shall be maintained for damages resulting from injury to any person or property by means of a defective road . . . except pursuant to section 13a-149.'' Pursuant further to statute (§ 13a-149), ''[a]ny person injured in person or property by means of a defective road . . . may recover damages from the party bound to keep it in repair.'' The plaintiff sought to recover damages for personal injuries he sustained in connection with an incident on a municipal road maintained by the named defendant, the city of New Haven. The plaintiff had been driving his vehicle behind a snowplow, operated by a city employee, that dis- lodged a manhole cover a few seconds before the incident. The plaintiff alleged in his complaint, pursuant to § 52-557n (a) (1), that the snowplow operator had negligently dislodged the manhole cover, which then became airborne, lodged under the plaintiff's vehicle, and caused the plaintiff to lose control of his vehicle and to sustain injuries. The city filed a pretrial motion to dismiss, claiming that the trial court lacked subject matter jurisdiction because § 13a-149 provided the exclusive remedy for the plaintiff's injuries, and the plaintiff had failed to comply with that statute's notice provisions. The trial court denied the pretrial motion, reasoning that the complaint alleged that the plaintiff's injuries were caused by the negligence of the snowplow operator rather than by a defect in the road. At trial, however, the plaintiff's testimony differed from the allegations in his complaint, insofar as he testified that his injuries occurred when he drove his vehicle into the open