section 13a-149 liability of the defendant in Connecticut

2014It is settled law in this state that the liability of the defendant under § 13a-149 is purely for breach of statutory duty and does not arise from negligence.” (Internal quotation marks omitted.) Prato v. New Haven, 246 Conn. 638, 645 , 717 A.2d 1216 (1998).

2014It is settled law in this state that the liability of the defendant under § 13a-149 is purely for breach of statutory duty and does not arise from negligence.” (Internal quotation marks omitted.) Prato v. New Haven, 246 Conn. 638, 645 , 717 A.2d 1216 (1998).

2013In addition, because § 7-465 (a) requires a municipality to indemnify its officers for their negligent acts, § 52-557n also bars a joint action seeking damages against a municipality and its officer for damages resulting from a highway defect.” (Citations omitted; internal quotation marks omitted.) Ferreira v. Pringle, 255 Conn. 330, 341 , 766 A.2d 400 (2001). “[B]ecause municipal liability under § 13a-149 is predicated exclusively on the town’s failure to carry out its statutory duty [to keep its roads in repair], it follows that the manner in which a defect is created in and of itself has no

2013In addition, because § 7-465 (a) requires a municipality to indemnify its officers for their negligent acts, § 52-557n also bars a joint action seeking damages against a municipality and its officer for damages resulting from a highway defect.” (Citations omitted; internal quotation marks omitted.) Ferreira v. Pringle, 255 Conn. 330, 341 , 766 A.2d 400 (2001). “[B]ecause municipal liability under § 13a-149 is predicated exclusively on the town’s failure to carry out its statutory duty [to keep its roads in repair], it follows that the manner in which a defect is created in and of itself has no

1998See Baker v. Ives, 162 Conn. 295, 305 , 294 A.2d 290 (1972); Jainchill v. Schwartz, 116 Conn. 522, 525 , 165 A. 689 (1933); Carl v. New Haven, 93 Conn. 622, 628 , 107 A. 502 (1919); see also Linn v. Hartford, 135 Conn. 469, 472 , 22 A.2d 115 (1949).

1997The opinion in Carl v. New Haven, supra, 93 Conn. 622 , relied on cases from Maine and Massachusetts involving statutes in those states similar to General Statutes § 13a-149 that imposed liability on municipalities for defective highways.

2014It is also well settled that “[b]oth the state and the municipal highway defect statutes require that the highway defect is the sole proximate cause of the plaintiffs injuries, which precludes recovery against the state or a municipality in the event that the injury was caused by a combination of the defect and negligence on the part of the injured party or a third party.” Himmelstein v. Windsor, 304 Conn. 298, 313 , 39 A.3d 1065 (2012).

2014It is also well settled that “[b]oth the state and the municipal highway defect statutes require that the highway defect is the sole proximate cause of the plaintiffs injuries, which precludes recovery against the state or a municipality in the event that the injury was caused by a combination of the defect and negligence on the part of the injured party or a third party.” Himmelstein v. Windsor, 304 Conn. 298, 313 , 39 A.3d 1065 (2012).

2013“We have held that a highway defect is [a]ny object in, upon, or near the traveled path, which would necessarily obstruct or hinder one in the use of the road for the purpose of traveling thereon, or which, from its nature and position, would be likely to produce that result . . . .” (Internal quotation marks omitted.) McIntosh v. Sullivan, 274 Conn. 262, 268-69 , 875 A.2d 459 (2005).

2013“We have held that a highway defect is [a]ny object in, upon, or near the traveled path, which would necessarily obstruct or hinder one in the use of the road for the purpose of traveling thereon, or which, from its nature and position, would be likely to produce that result . . . .” (Internal quotation marks omitted.) McIntosh v. Sullivan, 274 Conn. 262, 268-69 , 875 A.2d 459 (2005).

2009If the negligence of himself or of a third person is also a proximate cause, he cannot say with truth that he was injured by the defect; he can only say with truth that he was injured by his own or another’s carelessness and the defect, and the two combined give no cause of action under the statute.” Id., 690 . *377 Accordingly, we consistently have recognized that “[m]unicipal liability under § 13a-149 may ... be defeated by more than just the fact that the plaintiff was contributorily negligent. . . . [I]f the negligence of a third party is also responsible for the plaintiff’s injuries, the

2009Langton v. Westport, 38 Conn. App. 14, 19 , 658 A.2d 602 (1995).

2009Langton v. Westport, 38 Conn. App. 14, 19 , 658 A.2d 602 (1995).

2009Rather, “to charge a defendant with constructive notice it is incumbent on the plaintiff to establish that the defect had been there a sufficient length of time and was of such a dangerous character that the defendant by the exercise of reasonable care could and should have discovered and remedied it.” (Internal quotation marks omitted.) Tirendi v. Waterbury, 128 Conn. 464, 468 , 23 A.2d 919 (1942).

2009Rather, “to charge a defendant with constructive notice it is incumbent on the plaintiff to establish that the defect had been there a sufficient length of time and was of such a dangerous character that the defendant by the exercise of reasonable care could and should have discovered and remedied it.” (Internal quotation marks omitted.) Tirendi v. Waterbury, 128 Conn. 464, 468 , 23 A.2d 919 (1942).

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

2009See, e.g., White v. Burns, supra, 213 Conn. 309 ; Williamson v. Commissioner of Transportation, 209 Conn. 310, 321-22 , 551 A.2d 704 (1988); Kolich v. Shugrue, 198 Conn. 322, 324-26 , 502 A.2d 918 (1986); Leitkowski v. Norwich, 125 Conn. 49, 51 , 3 A.2d 84 (1938); Roth v. MacDonald, 124 Conn. 461, 463 , 200 A. 725 (1938); Bartram v. Sharon, supra, 71 Conn. 695 . 16 A conclusion that municipal liability under § 13a-149 could be defeated simply by virtue of the fact that the defect was created by the negligence of a third party, moreover, would lead to absurd results.

1999Thus in Comba v. Ridgefield, 177 Conn. 268 (1979), the court said: "This court in Hewinson recognized that the defect need not be part of the road bed itself.

1998See Baker v. Ives, 162 Conn. 295, 305 , 294 A.2d 290 (1972); Jainchill v. Schwartz, 116 Conn. 522, 525 , 165 A. 689 (1933); Carl v. New Haven, 93 Conn. 622, 628 , 107 A. 502 (1919); see also Linn v. Hartford, 135 Conn. 469, 472 , 22 A.2d 115 (1949).

1998See Baker v. Ives, 162 Conn. 295, 305 , 294 A.2d 290 (1972); Jainchill v. Schwartz, 116 Conn. 522, 525 , 165 A. 689 (1933); Carl v. New Haven, 93 Conn. 622, 628 , 107 A. 502 (1919); see also Linn v. Hartford, 135 Conn. 469, 472 , 22 A.2d 115 (1949).

1995The Court in Steele made it clear that it would not countenance a hypertechnical application of its holding in Sanzone and analyzed the plaintiff's complaint, in conjunction with other pleadings, in light of the requirements for establishing liability under § 13a-149 set forth in Rodriguez v. New Haven , 183 Conn. 473 , 476 , 439 A.2d 421 (1981): the plaintiff ha[s] the burden of proving (1) the existence of a defect which resulted from the failure of the defendant to use reasonable care to keep the . . . [highways] within its control in a reasonably safe condition for public travel; (2) notic

1995The Court in Steele made it clear that it would not countenance a hypertechnical application of its holding in Sanzone and analyzed the plaintiff's complaint, in conjunction with other pleadings, in light of the requirements for establishing liability under § 13a-149 set forth in Rodriguez v. New Haven , 183 Conn. 473 , 476 , 439 A.2d 421 (1981): the plaintiff ha[s] the burden of proving (1) the existence of a defect which resulted from the failure of the defendant to use reasonable care to keep the . . . [highways] within its control in a reasonably safe condition for public travel; (2) notic

1981See, e.g., Hillier v. East Hartford, 167 Conn. 100, 104 , 355 A.2d 1 (1974); Burke v. West Hartford, supra, 151; Porpora v. New Haven, 119 Conn. 476, 479 , 177 A. 531 (1935); Bartram v. Sharon, supra, 692 .

1981See, e.g., Hillier v. East Hartford, 167 Conn. 100, 104 , 355 A.2d 1 (1974); Burke v. West Hartford, supra, 151; Porpora v. New Haven, 119 Conn. 476, 479 , 177 A. 531 (1935); Bartram v. Sharon, supra, 692 .