Vance v. New Haven

Syllabus

The defendant city appealed from the trial court's judgment for the plaintiff on her claim pursuant to the municipal highway defect statute (§ 13a-149) for personal injuries she sustained when she fell through a defective drainage gate maintained by the defendant. The defendant claimed, inter alia, that the court improperly determined that the evidence supported its finding that the plaintiff had complied with the notice requirements of § 13a-149. Held: The trial court improperly concluded that the defendant's answer to the notice allegation in the defective highway count of the plaintiff's complaint constituted a judicial admission that it had received timely notice of the plaintiff's claim, as the answer was a denial that contested the sufficiency of notice generally and it was not a voluntary and knowing concession that the plaintiff had filed a timely notice of claim with the defendant. The trial court improperly denied the defendant's motion to dismiss the plaintiff's highway defect claim for insufficient notice, as there was no evidence to substantiate the court's finding that the defendant actually received the plaintiff's notice and, because the plaintiff did not meet her burden of proving delivery or actual receipt of the notice, the court's finding that the plaintiff complied with the ninety day notice requirement of § 13a- 149 was clearly erroneous. Argued October 21—officially released December 16, 2025