Sestito v. City of Groton, 423 A.2d 165 (Conn. 1979). · Go Syfert
Sestito v. City of Groton, 423 A.2d 165 (Conn. 1979). Cases Citing This Book View Copy Cite
406 citation events (183 in the last 25 years) across 6 distinct courts.
Strongest positive: Achillion Pharmaceuticals, Inc. v. Pamela Law (conn, 2009-05-19) · Strongest negative: Hurdle v. City of Waterbury, No. 0123428 (Dec. 11, 1995) (connsuperct, 1995-12-11)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent Brooks v. Powers (2018)
“Id., at 522-23 , 423 A.2d 165 .”
Dissent Shore v. Town of Stonington (1982)
“I disagree with the majority opinion because I think this case is controlled by our recent decision in Sestito v. Groton, 178 Conn. 520 , 423 A.2d 165 (1979).”
Dissent Ward v. Greene (2004)
“We have determined that, in order to impose liability on a municipal employee who presumptively enjoys immunity in the performance of discretionary governmental acts, a plaintiff must show the existence of circumstances that “make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm . . . .” (Internal quotation…”
Dissent Purzycki v. Town of Fairfield (1998)
““One exception is when ‘it would be apparent to the public officer that his failure to act would be likely to subject an identifiable person to imminent harm.’ [Shore v. Stonington, supra, 187 Conn. 153 ]; see, e.g., Sestito v. Groton, [ 178 Conn. 520, 528 , 423 A.2d 165 (1979)].” 4 (Emphasis added.) Gordon v. Bridgeport Housing Authority, supra, 208 Conn. 166 .”
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" Hurdle v. City of Waterbury, No. 0123428 (Dec. 11, 1995)
Conn. Super. Ct. · 1995 · signal: but see · confidence high
But see Sestito v. Groton , 178 Conn. 520 (1979) as to the mandatory compliance with statutes alleged to be breached, here certain traffic statutes applicable to all operators.
examined Cited as authority (quoted) Achillion Pharmaceuticals, Inc. v. Pamela Law (2×)
Conn. · 2009 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
he use of the disjunctive 'or' in the statute clearly indicates that the legislature intended the parts of the statute to be separate and not cumulative
examined Cited as authority (rule) Quezada v. Waterbury Police Dept (3×) also: Cited "see, e.g."
D. Conn. · 2024 · confidence medium
A. Affirmative Act Versus Failure to Act It appears that the Supreme Court of Connecticut first recognized the imminent harm to an identifiable person exception in Sestito v. Groton, 178 Conn. 520, 528 (1979), and subsequently applied it in Shore v. Town of Stonington, 187 Conn. 147, 153-54 (1982).
discussed Cited as authority (rule) Hoyos v. Stamford
D. Conn. · 2021 · confidence medium
Plaintiff analogizes her situation to the one in Sestito v. Groton, 178 Conn. 520, 522 (1979), in which police failed to protect an individual gunshot victim, despite watching the victim involved in a brawl outside of a bar and failing to act, because “in this case Plaintiff was readily identifiable to the defendants, as both a domestic violence victim and ultimately the subject of their criminal investigation and arrest.
discussed Cited as authority (rule) Petaway v. Sam's Food Store
D. Conn. · 2021 · confidence medium
“We have recognized the existence of such duty in situations where it would be apparent to the public officer that his failure to act would be likely to subject an identifiable person to imminent harm.” Id. at 153 (citing Sestito v. Groton, 178 Conn. 520, 528 (1979)).
discussed Cited as authority (rule) Borelli v. Renaldi
Conn. · 2021 · signal: cf. · confidence medium
See Tango v. New Haven, 173 Conn. 203 , 204–206, 377 A.2d 284 (1977) (reversing judg- ment in favor of defendant on demurrer in negligence action arising from sledding accident at municipal golf course); Fraser v. Henninger, 173 Conn. 52 , 53–54, 61, 376 A.2d 406 (1977) (rendering judgment in connection with negligence action arising out of injuries sustained in basketball game run by municipal recreational pro- gram); cf. Sestito v. Groton, 178 Conn. 520, 523, 526 , 423 A.2d 165 (1979) (‘‘the question of the defendant town’s negligence . . . should have been submitted to the jury’…
discussed Cited as authority (rule) Albarran v. Blessing
D. Conn. · 2020 · confidence medium
Albarran has identified just one case in which a Connecticut court has applied the “very limited” identifiable person, imminent harm exception, and that case is distinguishable.10 In Sestito v. City of Groton, the Connecticut Supreme Court reversed a trial court’s decision to award a directed verdict to the defendant officer on plaintiff’s negligence claim. 178 Conn. 520, 529 (1979).
cited Cited as authority (rule) Maresca v. City of New Britain, No. Cv 92-0462593s (Jan. 26, 1996)
Conn. Super. Ct. · 1996 · confidence medium
Therefore, whether in addition he had subsumed a specific duty to the plaintiff's decedent was a "factual inquiry that should be left for jury determination." Sestito v. Groton, supra, 528.
discussed Cited as authority (rule) Doe v. United Social & Mental Health Services, Inc.
D. Conn. · 1987 · confidence medium
The question in each case is whether the facts present a situation where the statute applies, that is, whether a public official’s constant general duty to the public has, in addition, subsumed a specific duty to the individual claiming injury. 2 Cooley [Torts, § 300 (4th ed.) ] It is this factual inquiry that should be left for jury determination, whether the alleged duty to the individual arises from other statutes, regulations, or the common law. 178 Conn, at 527-28 (emphasis added).
discussed Cited as authority (rule) Cimino v. Yale University
D. Conn. · 1986 · confidence medium
In Sestito , the court observed that § 7-108 “is a legislative waiver of sovereign immunity, and therefore must be read narrowly”; the court concluded that because the activities of the men in the parking lot could have been found by a jury to have constituted a “disturbance of the peace” (if not a “mob” or “riot”), it was error to prevent the jury from engaging in that inquiry. 178 Conn, at 524, 525, 423 A.2d 165 .
discussed Cited as authority (rule) Irwin v. Town of Ware (2×)
Mass. · 1984 · confidence medium
See, e.g., Ryan v. State, 134 Ariz. 308, 309-311 (1982) (jailor’s duty to plaintiff from negligent release of inmate; overruling Massengill v. Yuma County, 104 Ariz. 518 [1969], which found no specific duty to stop speeding intoxicated driver); Hoyem v. Manhattan Beach City School Dist., 22 Cal. 3d 508, 513-520 (1978) (duty to protect student who left school premises from third person); Tarasoff v. Regents of the Univ. of Cal., 17 Cal. 3d 425, 435 (1976) (duty of therapist to warn others of patient’s dangerous tendencies); Green v. Livermore, 117 Cal. App. 3d 82,90-91 (1981) (police office…
discussed Cited "see" Borelli v. Renaldi (2×)
Conn. · 2021 · signal: see · confidence high
Pierre v. Plainfield, supra, 326 Conn. 436 ; see id., 436–37 and n.15 (discussing Sestito v. Groton, 178 Conn. 520 , 423 A.2d 165 (1979), and noting that, ‘‘[o]utside of the schoolchildren context, we have recognized an identifiable person under this exception in only one case that has since been limited to its facts,’’ and, ‘‘although we have addressed claims that a plaintiff is an identifi- able person or member of an identifiable class of foreseeable victims in a number of cases, we have not broadened our definition’’).
examined Cited "see" Brooks v. Powers (4×)
Conn. App. Ct. · 2016 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 , 522–23, 423 A.2d 165 (1979) (police officer sat in car and watched drunken brawl unfold until victim was shot).
discussed Cited "see" Haynes v. Middletown (2×)
Conn. · 2014 · signal: see · confidence high
See Sestito v. Groton, [ 178 Conn. 520, 523 , 423 A.2d 165 (1979)].
discussed Cited "see" Jahn v. Board of Education (2×)
Conn. App. Ct. · 2014 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 , 522–23, 527–28, 423 A.2d 165 (1979).
discussed Cited "see" Thivierge v. Witham (2×)
Conn. App. Ct. · 2014 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 , 522–23, 423 A.2d 165 (1979);8 see also Grady v. Somers, supra, 294 Conn. 353 (discussing restrictive application of exception).
discussed Cited "see" Chirieleison v. Lucas (2×)
Conn. App. Ct. · 2013 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520, 522-23, 528 , 423 A.2d 165 (1979).
discussed Cited "see" Merritt v. Town of Bethel Police Department (2×)
Conn. App. Ct. · 2010 · signal: see · confidence high
See Sestito v. Gro-ton, [ 178 Conn. 520, 522-23 , 423 A.2d 165 (1979)] (facts presented jury question in case wherein on-duty town police officer watched and witnessed ongoing brawl in bar’s parking lot but did not intervene until after participant had shot and killed plaintiffs decedent).
cited Cited "see" Cotto v. BD. OF EDUC. OF CITY OF NEW HAVEN
Conn. · 2009 · signal: see · confidence high
See id.
examined Cited "see" Durrant v. BD. OF EDUC. OF CITY OF HARTFORD (6×)
Conn. · 2007 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520, 527-28 , 423 A.2d 165 (1979)." Burns v. Board of Education, supra, 228 Conn. at 646 , 638 A.2d 1 .
examined Cited "see" Durrant v. BOARD OF ED. OF CITY OF HARTFORD (4×)
Conn. App. Ct. · 2006 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520, 528 , 423 A.2d 165 (1979); see also Shore v. Stoning-ton, 187 Conn. 147, 153 , 444 A.2d 1379 (1982).
cited Cited "see" Prescott v. Meriden, No. Cv 00 0446162 S (Sep. 25, 2002)
Conn. Super. Ct. · 2002 · signal: see · confidence high
See Sestito v. Groton , 178 Conn. 520 , 527-28 (1979).
cited Cited "see" Embree-Willis v. Point Properties, No. Cv010084962s (Dec. 28, 2001)
Conn. Super. Ct. · 2001 · signal: see · confidence high
See Sestito v. Groton , [ 178 Conn. 520 (1979)].
cited Cited "see" Caruso v. Board of Education for Milford, No. Cv99 06 79 57 (Dec. 10, 2001)
Conn. Super. Ct. · 2001 · signal: see · confidence high
See Id., 526 .
examined Cited "see" Gerstenzang v. Glenville News Florist, No. Cv96 0152839 S (Mar. 15, 2001) (3×) also: Cited "see, e.g."
Conn. Super. Ct. · 2001 · signal: see · confidence high
See Sestito v. Groton, CT Page 3675 supra, 178 Conn. 520 .
discussed Cited "see" Peters v. Town of Greenwich, No. Cv 95-0147192 S (Jan. 2, 2001)
Conn. Super. Ct. · 2001 · signal: see · confidence high
See Sestito v. Groton , supra, 178 Conn. 520 (plaintiff's decedent shot among mob of men considered sufficiently identifiable victim for purposes of governmental immunity exception); see also Burns v. Board of Education , supra, 228 Conn. 646 ("We have construed [the identifiable person-imminent harm] exception to apply not only to identifiable individuals but also to narrowly defined identified classes of foreseeable victims.").
discussed Cited "see" Tryon v. Town of North Branford (2×)
Conn. App. Ct. · 2000 · signal: see · confidence high
See Sestito v. Groton, [ 178 Conn. 520, 523 , 423 A.2d 165 (1979)].
cited Cited "see" Deleon v. Hartford Board of Education, No. Cv 960566449 (Apr. 15, 1997)
Conn. Super. Ct. · 1997 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 , 527-28 (1979).
discussed Cited "see" Sullivan v. Metro-North Commuter Railroad Co., No. 31 81 97 (Oct. 5, 1995) (2×)
Conn. Super. Ct. · 1995 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 , 527-28 , 423 A.2d 165 (1979)." Burns v. Board of Education, 228 Conn. 640 , 646 , 638 A.2d 1 (1994).
discussed Cited "see" Sarpu v. City of New London, No. 530763 (Jun. 15, 1995) (2×)
Conn. Super. Ct. · 1995 · signal: see · confidence high
Thus, in a suit under § 7-465 , any municipal liability which may attach is predicated on prior findings of individual negligence on the part of the employee and the municipality's employment relationship with that individual." (Citations omitted; emphasis in original; internal quotation marks omitted.) Wu v. Fairfield , 204 Conn. 435 , 438 , 528 A.2d 364 (1987); see Sestito v. Groton , 178 Conn. 520 , 527-28 , 423 A.2d 165 (1979); Kivlen v. Town of New Fairfield , Superior Court, judicial district of Danbury, Docket No. 29 57 70 (March 2, 1992, Fuller, J.).
cited Cited "see" McKnerney v. Ransone, No. Cv 930531150 (May 19, 1995)
Conn. Super. Ct. · 1995 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 (1979).
examined Cited "see" Shiok v. Connecticut Assoc. of Schools, No. Cv 93-0456244s (Aug. 9, 1994) (3×) also: Cited "see, e.g."
Conn. Super. Ct. · 1994 · signal: see · confidence high
See Shore v. Stonington , 187 Conn. 147 ("Under Sestito [v. Groton , supra] a police officer is liable whenever the circumstances indicate that someone will be severely injured." Id., 160 (Peters, C.J., dissenting)).
discussed Cited "see" Burns v. Board of Education (2×)
Conn. · 1994 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520, 527-28 , 423 A.2d 165 (1979).
discussed Cited "see" Viens v. Graner, No. 52 43 13 (Jun. 28, 1993) (2×)
Conn. Super. Ct. · 1993 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 , 528 , 423 A.2d 165 (1979).
discussed Cited "see" Luje v. City of Hartford, No. 362132 (Apr. 15, 1991) (2×)
Conn. Super. Ct. · 1991 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 (1979)." Shore, 187 Conn. at 153 .
cited Cited "see" Dembar v. Dunn, No. 374038 (Dec. 10, 1990)
Conn. Super. Ct. · 1990 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520 (1979).
cited Cited "see" Leclaire v. Town of Vernon, No. Cv 90 0044254 S (Aug. 1, 1990)
Conn. Super. Ct. · 1990 · signal: see · confidence high
Thomas, 28 Conn. Sup. at 508 ; see Wu v. Fairfield, 204 Conn. 435 , 438 (1987) see also Sestito v. Groton, 178 Conn. 520 , 527 (1979).
discussed Cited "see" Iseli Co. v. Connecticut Light & Power Co. (2×)
Conn. · 1989 · signal: see · confidence high
Ed. 2d 36 (1986); see Sestito v. Groton, 178 Conn. 520, 522 , 423 A.2d 165 (1979).
examined Cited "see" Shore v. Town of Stonington (4×)
Conn. · 1982 · signal: see · confidence high
See Sestito v. Groton, 178 Conn. 520, 528 , 423 A.2d 165 (1979).
examined Cited "see, e.g." Brooks v. Powers (4×)
Conn. · 2018 · signal: see, e.g. · confidence low
"The immunity from liability for the performance of discretionary acts by a municipal employee is subject to three exceptions or circumstances under which liability may attach even though the act was discretionary: first, where the circumstances make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm; see, e.g., Sestito v. Groton , 178 Conn. 520 , 528, 423 A.2d 165 (1979) ; second, where a statute specifically provides for a cause of action against a municipality or municipal official for failure to enforce certai…
discussed Cited "see, e.g." Edgerton v. Clinton (2×)
Conn. · 2014 · signal: see, e.g. · confidence low
See, e.g., Shore v. Stonington, supra, 187 Conn. 153 (‘‘[w]e have recognized the existence of [a duty of a public official to act] where it would be apparent to the public officer that his failure to act would be likely to subject an identifiable person to imminent harm’’ [citing Sestito v. Groton, 178 Conn. 520, 528 , 423 A.2d 165 (1979)]); Evon v. Andrews, 211 Conn. 501, 505 , 559 A.2d 1131 (1989) (‘‘[t]he immunity from liability for the performance of discretionary acts by a municipal employee is subject to three exceptions . . . first, where the circumstances make it apparent t…
discussed Cited "see, e.g." Doe v. Petersen (2×)
Conn. · 2006 · signal: see, e.g. · confidence low
See, e.g., Sestito v. Groton, 178 Conn. 520, 525-28 , 423 A.2d 165 (1979).
discussed Cited "see, e.g." Hebert v. City of Ansonia, No. Cv-98-0063004s (Jun. 11, 2002) (2×)
Conn. Super. Ct. · 2002 · signal: see, e.g. · confidence low
"The immunity from liability for the performance of discretionary acts by a municipal employee is subject to three exceptions or circumstances under which liability may attach even though the act was discretionary: first, where the circumstances make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm; see, e.g., Sestito v. Groton , 178 Conn. 520 , 528 , 423 A.2d 165 (1979); second, where a statute specifically provides for a cause of action against a municipality or municipal official for failure to enforce certai…
discussed Cited "see, e.g." Purzycki v. Town of Fairfield (2×)
Conn. · 1998 · signal: see, e.g. · confidence low
“One exception is when ‘it would be apparent to the public officer that his failure to act would be likely to subject an identifiable person to imminent harm.’ [Shore v. Stonington, supra, 187 Conn. 153 ]; see, e.g., Sestito v. Groton, [ 178 Conn. 520, 528 , 423 A.2d 165 (1979)].” 4 (Emphasis added.) Gordon v. Bridgeport Housing Authority, supra, 208 Conn. 166 .
discussed Cited "see, e.g." Tryon v. Town of North Branford, No. 539713 (Jan. 20, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
Wright v. Brown, 167 Conn. 464 , 471 , 356 A.2d 176 (1975); see also Sestito v. Groton, 178 Conn. 520 , 524 , 423 A.2d 165 (1979).
discussed Cited "see, e.g." Purzycki v. Town of Fairfield, No. 266295 (Aug. 18, 1995) (2×)
Conn. Super. Ct. · 1995 · signal: see, e.g. · confidence low
CT Page 8776 "The immunity from liability for the performance of discretionary acts by a municipal employee is subject to three exceptions or circumstances under which liability may attach even though the act was discretionary: first, where the circumstances make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm; see, e.g., Sestito v. Groton, 178 Conn. 520 , 528 , 423 A.2d 165 (1979); second, where a statute specifically provides for a cause of action against a municipality or municipal official for failure to en…
discussed Cited "see, e.g." Gajewski v. Pavelo (2×)
Conn. App. Ct. · 1994 · signal: see also · confidence low
Burns v. Board of Education, 228 Conn. 640, 646 , 638 A.2d 1 (1994); see also Sestito v. Groton, 178 Conn. 520, 527-28 , 423 A.2d 165 (1979).
cited Cited "see, e.g." Foote v. Feldman, No. Cv93 0528582s (Nov. 8, 1994)
Conn. Super. Ct. · 1994 · signal: see, e.g. · confidence low
See, e.g., Sestito v. Groton, 178 Conn. 520 , 523-24 (1979).
discussed Cited "see, e.g." Kolaniak v. Board of Education (2×)
Conn. App. Ct. · 1992 · signal: see, e.g. · confidence low
Even if an act is governmental or discretionary, liability may nevertheless attach: “first, where the circumstances make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm; see, e.g., Sestito v. Groton, 178 Conn. 520, 528 , 423 A.2d 165 (1979); second, where a statute specifically provides for a cause of action against a municipality or municipal official for failure to enforce certain laws; see, e.g., General Statutes § 7-108 creating municipal liability for damage done by mobs; and third, where the alleged ac…
discussed Cited "see, e.g." Stevens v. Dilieto, No. 51 53 53 (Jan. 24, 1992) (2×)
Conn. Super. Ct. · 1992 · signal: see, e.g. · confidence low
The plaintiffs argue, however, that even if the municipal employees were performing discretionary acts, they fall within one of the three exceptions under which liability may attach even though the act was discretionary, noted in Evon v. Andrews, supra at 505: The immunity from liability for the performance of discretionary acts by a municipal employee is subject to three exceptions or circumstances under which liability may attach even though the act was discretionary: first, where the circumstances make it apparent to the public officer that his or her failure to act would be likely to subje…
Retrieving the full opinion text from the archive…
Pamela Sestito, Administratrix (Estate of Dominick Sestito)
v.
City of Groton Et Al.
Supreme Court of Connecticut.
Jul 31, 1979.
423 A.2d 165
Gilbert SJiasha, for the appellant (plaintiff)., Jon S. Berk, for the appellees (defendant town of Croton et al.).
Cotter, Loiselle, Bogdanski, Speziale, Peters.
Cited by 168 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: Supreme Court of Connecticut (2)
Speziale, J.

The plaintiff, Pamela Sestito, as administratrix of the estate of Dominick Sestito (hereinafter decedent), brought this action against the city and the town of Croton [1] (hereinafter town) and Edward H. Fontaine, a policeman employed by the town, to recover damages for her decedent’s death during an alleged public disturbance at which the defendant Fontaine was a patrolling officer. The plaintiff’s action was brought in three counts. The first was directed against the town of Croton under Ceneral Statutes § 7-108. The second count[*522] was directed against Fontaine. The third count, which was ancillary to the second count, sought damages from the town by indemnification of the defendant Fontaine under General Statutes § 7-465. At the close of the testimony before a jury, the defendants moved for and were granted a directed verdict on each of the three counts. The plaintiff’s motion to set aside the verdict was denied, and from this decision she has appealed.

Directed verdicts are not generally favored. A trial court’s decision to direct a verdict can be upheld only when the jury could not reasonably and legally have reached any other conclusion. Pinto v. Spigner, 163 Conn. 191, 192-93, 302 A.2d 266 (1972); Console v. Nickou, 156 Conn. 268, 270, 240 A.2d 895 (1968); Santor v. Balnis, 151 Conn. 434, 435, 199 A.2d 2 (1964). In reviewing the trial court’s decision directing a verdict and denying a subsequent motion to set it aside, this court considers all the evidence, including reasonable inferences, in the light most favorable to the plaintiff. Pinto v. Spigner, supra; Leary v. Johnson, 159 Conn. 101, 104, 267 A.2d 658 (1970).

Considering the evidence in the light most favorable to the plaintiff, the jury reasonably could have found the following facts: On November 22, 1973, at about 1 a.m., Edward H. Fontaine, a supernumerary police officer employed by the defendant town, was patrolling in the area of the Ground Round Restaurant and Bar on Long Hill Road in Groton. He was driving a Groton police car. Fontaine observed a group of at least seven men, including the decedent, in the parking lot adjacent to the restaurant. They had been drinking in the bar for a number of hours. Two members of the group were drinking beer from glasses and another had a pitcher[*523] of beer that he had brought from the bar. Fontaine believed that one member of the group might be armed and a robbery suspect. The area was well lighted and afforded a clear view of the group.

Fontaine drove west on Long Hill Eoad by the restaurant. He then turned around and drove east, past the restaurant, and still observed the group in the parking lot. He entered an adjacent parking lot, losing sight of the group of men for about two minutes. He saw them again as he drove through the restaurant lot, at which time two more men came out of the bar. An argument started between the decedent and one of the two men who had just joined the group. As Fontaine drove past the group, loud arguing and shoving was occurring. As he drew parallel to the group, he observed four men scuffling and punching, but he did not stop.

Fontaine drove across Long Hill Eoad and was making a U-turn to park in the lot across from the restaurant, when he heard gunshots. He then called the police station but received no instructions; according to the police records this was the only call received from Fontaine during the period in question. He testified at trial, “It was a melee, everybody was running in every direction.” He admitted he could have driven unimpeded into the lot. Instead, he waited until the decedent was shot by one of the other men, and then drove over and arrested the assailant. The decedent died of the gunshot wounds at 6:58 a.m. that day.

The plaintiff sued the defendants under two statutes, General Statutes §§ 7-108 and 7-465. We conclude that there was evidence which could have led the jury reasonably and legally to find the defend[*524] ants liable under either or both statutes; and, therefore, the trial court was wrong in directing a verdict in favor of the defendants.

I

The first count of the plaintiff’s complaint alleged that the defendant town was liable under General Statutes § 7-108 [2] for her decedent’s death. In order to recover damages under this statute, a plaintiff must prove that the defendant town owed a duty of reasonable care or diligence as prescribed in the statute, and breached that duty, thereby causing injury compensable by damages. General Statutes § 7-108 is a legislative waiver of sovereign immunity, and therefore must be construed narrowly. Spring v. Constantino, 168 Conn. 563, 570-71, 362 A.2d 871 (1975); 2A Sutherland, Statutory Construction (4th Ed.) § 58.04. Even strictly read, however, a jury reasonably could have found facts sufficient to assign liability for the decedent’s death to the town under General Statutes § 7-108.

The first question regarding this count is whether the group and its actions in the parking lot constituted a “mob, riotous assembly or assembly of persons engaged in disturbing the public peace,” and, if so, whether the town’s failure to protect the decedent comes within the purview of the statute.

[*525] In interpreting General Statutes § 7-108, we must first look to the language of the statute. The language of the statute itself is a clear indication of the legislature’s intent regarding the issue on this appeal, i.e., the sufficiency of evidence for submission to the jury. Therefore, the legislative history and policy of the statute need not be considered. Anderson v. Ludgin, 175 Conn. 545, 552, 400 A.2d 712 (1978); Houston v. Warden, 169 Conn. 247, 251, 363 A.2d 121 (1975).

The assemblage in this case comes within the term “mob, riotous assembly or assembly engaged in disturbing the public peace.” (Emphasis added.) General Statutes § 7-108. The use of the disjunctive “or” in the statute clearly indicates that the legislature intended the parts of the statute to be separate and not cumulative. State v. Blyden, 165 Conn. 522, 527, 338 A.2d 484 (1973); Bahre v. Hogbloom, 162 Conn. 549, 557, 295 A.2d 547 (1972). Therefore, if the activity outside the restaurant reasonably could fit one of the three categories in the statute, there is a question of fact for the jury. The term “mob” contemplates a violent assemblage of people defying the law; a “riot” is defined to mean a disturbance of the peace by three or more people who execute an act, legal or illegal, in a violent and turbulent manner. Black, Law Dictionary (Rev. 4th Ed. 1968). An “assembly engaged in disturbing the public peace,” however, is a comparatively milder occurrence not necessarily requiring the mutual activity of three or more persons. See Black, op. cit. At the very least, the activity of the group in the restaurant parking lot could have been found to have constituted a disturbance of the peace. Whether in fact it did is an inquiry properly left to the jury.

[*526] Also, the question of the defendant town’s negligence under the statute should have been submitted to the jury. A question of negligence is ordinarily one of fact. Busko v. DeFilippo, 162 Conn. 462, 466-67, 294 A.2d 510 (1972); Palombizio v. Murphy, 146 Conn. 352, 358, 150 A.2d 825 (1959). Only when there are no reasonable differences of opinion may a verdict be directed. While the town has asserted facts in its brief sufficient to exonerate it from liability, including allegations of contributory negligence by the decedent, the evidence presented by the plaintiff conflicts in content and emphasis with the town’s assertions. The plaintiff’s version could reasonably have been believed by the jury so that they could find liability on the part of the town. See Pinto v. Spigner, 163 Conn. 191, 195, 302 A.2d 266 (1972). The town’s police officer is clearly designated in the statute as an arm of the municipality. The plaintiff alleged that Fontaine was aware of a disturbance of some proportions and did not immediately attempt to stop it; nor did he try to intervene when the opportunity to do so existed. These facts, if believed by the jury, could have supported a finding of negligence on the town’s part.

On count one, then, there was sufficient evidence adduced at trial to warrant submission to the jury.

n

In count two, the plaintiff alleged that Fontaine caused injury to her decedent. In count three, she alleged that the town, under General Statutes § 7-465, [3] was liable for the injury caused by its[*527] employee Fontaine. The statute indemnifies municipal employees who, acting in the scope of their employment, become obligated to pay damages for injury to person or property. A plaintiff bringing suit under General Statutes § 7-465 first must allege in a separate count and prove the employee’s duty to the individual injured and the breach thereof. Only then may the plaintiff go on to allege and prove the town’s liability by indemnification. Fraser v. Henninger, 173 Conn. 52, 56-57, 376 A.2d 406 (1977); Kostyal v. Cass, 163 Conn. 92, 97, 302 A.2d 121 (1972); Martyn v. Donlin, 148 Conn. 27, 32, 166 A.2d 856 (1961).

The facts presented provide sufficient basis to send the question of Fontaine’s liability, and hence of the town’s liability, to the jury. General Statutes § 7-465, like other statutes holding the sovereign liable for the negligent acts of public officials, requires as a threshold matter that the official involved owe a duty to the individual plaintiff, not just to the public in general. Stiebitz v. Mahoney, 144 Conn. 443, 446-47, 134 A.2d 71 (1957); Leger v. Kelley, 142 Conn. 585, 589-91, 116 A.2d 429 (1955); 2 Cooley, Torts (4th Ed.) § 300. Section 7-465, by its terms, requires the breach of an individual duty, i.e., “liability imposed ... by law for . . . physical damages to person or property . . . .”[*528] This is a personal liability requirement that calls for an inquiry independent of the statute itself, an inquiry into the factual matter of individual negligence. The question in each case is whether the facts present a situation where the statute applies, that is, whether a public official’s constant general duty to the public has, in addition, subsumed a specific duty to the individual claiming injury. 2 Cooley, op. cit. It is this factual inquiry that should be left for jury determination, whether the alleged duty to the individual arises from other statutes, regulations, or the common law.

In this ease, there was conflicting testimony concerning the actions of the defendant Fontaine in relation to the altercation and shooting. The facts in this case indicate that it should have been submitted to the jury, because there was a sufficient controversy over whether the defendant Fontaine owed a duty to the plaintiff’s decedent and breached it. Even as a matter of common law negligence, it is conceivable that Fontaine had a duty to the decedent to act as a skilled policeman under the circumstances, and breached this duty. Because the jury also could have found that the defendant Fontaine was acting within the scope of his employment, the town could have been found liable under General Statutes § 7-465. Thus, counts two and three also should have been submitted to the jury.

This is not the exceptional case where a directed verdict was appropriate. Gosselin v. Perry, 166 Conn. 152, 167-68, 348 A.2d 623 (1974); Maltbie, Conn. App. Proc. § 202. “ ‘Litigants have a constitutional right to have issues of fact decided by the jury. Ardoline v. Keegan, 140 Conn. 552, 555, 102 A.2d 352.’ Blados v. Blados, 151 Conn. 391, 396, 198[*529] A.2d 213; see Leary v. Johnson, [159 Conn. 101, 106, 267 A.2d 658] ; Rickert v. Fraser, 152 Conn. 678, 681, 211 A.2d 702.” Pinto v. Spigner, 163 Conn. 191, 198, 302 A.2d 266 (1972). This case presents just the type of conflicting evidence which warrants full consideration by a jury. See Santor v. Balnis, 151 Conn. 434, 437, 199 A.2d 2 (1964).

There is error, the judgment is set aside and a new trial is ordered.

In this opinion the other judges concurred.

1

The plaintiff withdrew the action as to the city of Groton, leaving the town as one of the two defendants.

2

General Statutes § 7-108 reads in relevant part:

“Each city and borough shall be liable for all injuries to person or property, including injuries causing death, when such injuries are caused by an act of violence of any person or persons while a member of, or acting in concert with, any mob, riotous assembly or assembly of persons engaged in disturbing the public peace, if such city or borough, or the police or other proper authorities thereof, have not exercised reasonable care or diligence in the prevention or suppression of such mob, riotous assembly or assembly engaged in disturbing the public peace.”

3

General Statutes § 7-465, in relevant part, reads:

“Assumption of liability for damage caused by employees. Joint liability of towns in district department of health. (a) Any town, city or borough, notwithstanding any inconsistent provision of law, general, special or local, shall pay on behalf of[*527] any employee of such municipality, except firemen covered under the provisions of section 7-308, all sums which such employee becomes obligated to pay by reason of the liability imposed upon such employee by law for damages awarded for infringement of any person’s civil rights or for physical damages to person or property, except as hereinafter set forth, if the employee, at the time of the occurrence, accident, physical injury or damages complained of, was acting in the performance of his duties and within the scope of his employment, and if such occurrence, accident, physical injury or damage was not the result of any wilful or wanton act of such employee in the discharge of such duty.”