section 7-465 liability of the municipality (Connecticut) · Go Syfert
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section 7-465 liability of the municipality in Connecticut

20 Connecticut opinions name it 3 courts 1962–2018 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Fraser v. Henningergreen
conn · 1977 · cited in 6 Connecticut opinions naming this issue, 1982–2000
2 sentences

2000The problem in a case like Kaye and Fraser v. Henninger, 173 Conn. 52 , 56 (1977) which it cites is that the plaintiffs brought suit against the municipality under § 7-465 — that they cannot do procedurally because that statute is merely derivative in nature.

1992Ahern v. New Haven, supra, 81; Fraser v. Henninger, supra, 56 .

16
Wei Ping Wu v. Town of Fairfieldgreen
conn · 1987 · cited in 3 Connecticut opinions naming this issue, 1997–2010
2 sentences

2010See Wu v. Fairfield, 204 Conn. 435, 438 , 528 A.2d 364 (1987) (“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”); Kostyal v. Cass, 163 Conn. 92, 97 , 302 A.2d 121 (1972) (“Whatever may be the full scope and effect of the statute, in no event may the municipality be held hable under it unless the municipal employee himself becomes obligated to pay [sums] by reason of the liability imposed upon . . . [him] by law for physical

2010See Wu v. Fairfield, 204 Conn. 435, 438 , 528 A.2d 364 (1987) (“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”); Kostyal v. Cass, 163 Conn. 92, 97 , 302 A.2d 121 (1972) (“Whatever may be the full scope and effect of the statute, in no event may the municipality be held hable under it unless the municipal employee himself becomes obligated to pay [sums] by reason of the liability imposed upon . . . [him] by law for physical

13
Grady v. Town of Somersgreen
conn · 2009 · cited in 1 Connecticut opinions naming this issue, 2018–2018
2 sentences

2018See Grady v. Somers , 294 Conn. 324 , 338, 984 A.2d 684 (2009) ("[a] tort claimant seeking to establish the liability of a municipal employee or official arising out of the negligent performance of a discretionary act necessary for indemnification by the municipality under § 7-465 [a] must ... overcome the qualified immunity afforded to those employees or officials").

2018See Grady v. Somers , 294 Conn. 324 , 338, 984 A.2d 684 (2009) ("[a] tort claimant seeking to establish the liability of a municipal employee or official arising out of the negligent performance of a discretionary act necessary for indemnification by the municipality under § 7-465 [a] must ... overcome the qualified immunity afforded to those employees or officials").

11
Sanzone v. Board of Police Commissionersgreen
conn · 1991 · cited in 1 Connecticut opinions naming this issue, 2015–2015
2 sentences

2015See Sanzone v. Board of Police Commissioners, 219 Conn. 179, 193 , 592 A.2d 912 (1991) (‘‘[§] 7-465 [a] effec- tively circumvented the general common law immunity of municipalities from vicarious liability for their employees’ acts’’); see also Kostyal v. Cass, supra, 163 Conn. 97 (‘‘in no event may the municipality be held liable under [§ 7-465] unless the municipal employee himself becomes obligated’’ [internal quotation marks omitted]).

2015See Sanzone v. Board of Police Commissioners, 219 Conn. 179, 193 , 592 A.2d 912 (1991) (‘‘[§] 7-465 [a] effec- tively circumvented the general common law immunity of municipalities from vicarious liability for their employees’ acts’’); see also Kostyal v. Cass, supra, 163 Conn. 97 (‘‘in no event may the municipality be held liable under [§ 7-465] unless the municipal employee himself becomes obligated’’ [internal quotation marks omitted]).

11
Steele v. Town of Stoningtongreen
conn · 1993 · cited in 1 Connecticut opinions naming this issue, 2013–2013
2 sentences

2013Moreover, that court has held that “a town may not be held liable for damages caused by highway defects under § 7-465 (a), since this would allow a plaintiff to circumvent the requirements of § 13a-149 by suing a municipal employee and seeking indemnification from the town.” Pratt v. Old Saybrook, 225 Conn. 177, 180 , 621 A.2d 1322 (1993); see also Steele v. Stonington, 225 Conn. 217 , 622 A.2d 551 (1993) (plaintiff may not seek indemnification from municipality under § 7-465 by circumventing requirements of § 13a-149 and characterizing § 13a-149 claim as one sounding in negligence).

2013Moreover, that court has held that “a town may not be held liable for damages caused by highway defects under § 7-465 (a), since this would allow a plaintiff to circumvent the requirements of § 13a-149 by suing a municipal employee and seeking indemnification from the town.” Pratt v. Old Saybrook, 225 Conn. 177, 180 , 621 A.2d 1322 (1993); see also Steele v. Stonington, 225 Conn. 217 , 622 A.2d 551 (1993) (plaintiff may not seek indemnification from municipality under § 7-465 by circumventing requirements of § 13a-149 and characterizing § 13a-149 claim as one sounding in negligence).

11
MacLeod v. Town of Milfordgreen
connsuperct · 1963 · cited in 1 Connecticut opinions naming this issue, 1964–1964
1 sentence

1964See MacLeod v. Milford, 25 Conn. Sup. 70 ; Shaw v. Industrial Safety Supply Co., 23 Conn. Sup. 149 ; Cagianello v. Letare, 23 Conn. Sup. 130 ; Barkley v. Bristol, 23 Conn. Sup. 133 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Ahern v. City of New Haven green
conn · 1983
2 sentences

2000"Section 7-465 imposes no liability upon a municipality for breach of any statutory duty of its own." Ahern v. New Haven, 190 Conn. 77 , 82 , 459 A.2d 118 (1983).

2000"Section 7-465 imposes no liability upon a municipality for breach of any statutory duty of its own." Ahern v. New Haven, 190 Conn. 77 , 82 , 459 A.2d 118 (1983).

31990–2000
Martyn v. Donlin green
conn · 1961
2 sentences

1990As was said in Martyn v. *424 Donlin, 148 Conn. 27, 32 , 166 A.2d 856 (1961), “[i]n order for the plaintiff in this case to establish the liability of the municipality under § 7-465, [he] must prove compliance with the requirements of the statute as to demand and notice . . . .” See also Rowe v. Godou, 12 Conn. App. 538, 545 , 532 A.2d 978 (1987), rev’d, 209 Conn. 273 , 550 A.2d 1073 (1988).

1990As was said in Martyn v. *424 Donlin, 148 Conn. 27, 32 , 166 A.2d 856 (1961), “[i]n order for the plaintiff in this case to establish the liability of the municipality under § 7-465, [he] must prove compliance with the requirements of the statute as to demand and notice . . . .” See also Rowe v. Godou, 12 Conn. App. 538, 545 , 532 A.2d 978 (1987), rev’d, 209 Conn. 273 , 550 A.2d 1073 (1988).

31962–1990
Pratt v. Town of Old Saybrook green
conn · 1993
2 sentences

2013Moreover, that court has held that “a town may not be held liable for damages caused by highway defects under § 7-465 (a), since this would allow a plaintiff to circumvent the requirements of § 13a-149 by suing a municipal employee and seeking indemnification from the town.” Pratt v. Old Saybrook, 225 Conn. 177, 180 , 621 A.2d 1322 (1993); see also Steele v. Stonington, 225 Conn. 217 , 622 A.2d 551 (1993) (plaintiff may not seek indemnification from municipality under § 7-465 by circumventing requirements of § 13a-149 and characterizing § 13a-149 claim as one sounding in negligence).

2013Moreover, that court has held that “a town may not be held liable for damages caused by highway defects under § 7-465 (a), since this would allow a plaintiff to circumvent the requirements of § 13a-149 by suing a municipal employee and seeking indemnification from the town.” Pratt v. Old Saybrook, 225 Conn. 177, 180 , 621 A.2d 1322 (1993); see also Steele v. Stonington, 225 Conn. 217 , 622 A.2d 551 (1993) (plaintiff may not seek indemnification from municipality under § 7-465 by circumventing requirements of § 13a-149 and characterizing § 13a-149 claim as one sounding in negligence).

12013–2013
Kostyal v. Cass green
conn · 1972
2 sentences

2010See Wu v. Fairfield, 204 Conn. 435, 438 , 528 A.2d 364 (1987) (“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”); Kostyal v. Cass, 163 Conn. 92, 97 , 302 A.2d 121 (1972) (“Whatever may be the full scope and effect of the statute, in no event may the municipality be held hable under it unless the municipal employee himself becomes obligated to pay [sums] by reason of the liability imposed upon . . . [him] by law for physical

2010See Wu v. Fairfield, 204 Conn. 435, 438 , 528 A.2d 364 (1987) (“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”); Kostyal v. Cass, 163 Conn. 92, 97 , 302 A.2d 121 (1972) (“Whatever may be the full scope and effect of the statute, in no event may the municipality be held hable under it unless the municipal employee himself becomes obligated to pay [sums] by reason of the liability imposed upon . . . [him] by law for physical

12010–2010
Fleming v. City of Bridgeport green
conn · 2007
2 sentences

2009Municipal employees’ common-law qualified immunity for discretionary acts remains subject to three exceptions, only the first of which is relevant to this appeal, namely, “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 . . . .” 14 (Internal *339 quotation marks omitted.) Fleming v. Bridgeport, 284 Conn. 502, 531-32 , 935 A.2d 126 (2007).

2009Municipal employees’ common-law qualified immunity for discretionary acts remains subject to three exceptions, only the first of which is relevant to this appeal, namely, “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 . . . .” 14 (Internal *339 quotation marks omitted.) Fleming v. Bridgeport, 284 Conn. 502, 531-32 , 935 A.2d 126 (2007).

12009–2009
Williams v. City of New Haven green
conn · 1998
1 sentence

2000At common law a municipality was generally immune from liability for negligence, Williams v. New Haven , 243 Conn. 763 , 766 (1998).

12000–2000
Santiago v. City of New Britain green
connsuperct · 1991
1 sentence

1998General Statutes § 7-465 "requires the plaintiffs to provide notice of the intention to sue the municipality, specifying the time and location of the accident, with the clerk of the municipality within six months of the accrual of the cause of action." Santiago v. New Britain, 42 Conn. Sup. 22 , 23 , 598 ;A.2d 373 (1991).

11998–1998
Bartucca v. City of Bristol green
connsuperct · 1962
2 sentences

1998No action for personal physical injuries or damages . . . shall be maintained against such municipality and employee jointly unless . . . written notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk of such municipality within six months after such cause of action has accrued." "To establish the liability of a municipality under § 7-465 , a plaintiff must prove compliance with the requirements of this statute as to demand and notice. . . ." Bartucca v. Bristol, 23 Conn. Sup. 228 , 229-30 ,

1998No action for personal physical injuries or damages . . . shall be maintained against such municipality and employee jointly unless . . . written notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk of such municipality within six months after such cause of action has accrued." "To establish the liability of a municipality under § 7-465 , a plaintiff must prove compliance with the requirements of this statute as to demand and notice. . . ." Bartucca v. Bristol, 23 Conn. Sup. 228 , 229-30 ,

11998–1998
Martyn v. Donlin green
conn · 1964
1 sentence

1992Martyn v. Donlin, 151 Conn. 402 , 405 .

11992–1992
Rowe v. Godou green
conn · 1988
2 sentences

1990As was said in Martyn v. *424 Donlin, 148 Conn. 27, 32 , 166 A.2d 856 (1961), “[i]n order for the plaintiff in this case to establish the liability of the municipality under § 7-465, [he] must prove compliance with the requirements of the statute as to demand and notice . . . .” See also Rowe v. Godou, 12 Conn. App. 538, 545 , 532 A.2d 978 (1987), rev’d, 209 Conn. 273 , 550 A.2d 1073 (1988).

1990As was said in Martyn v. *424 Donlin, 148 Conn. 27, 32 , 166 A.2d 856 (1961), “[i]n order for the plaintiff in this case to establish the liability of the municipality under § 7-465, [he] must prove compliance with the requirements of the statute as to demand and notice . . . .” See also Rowe v. Godou, 12 Conn. App. 538, 545 , 532 A.2d 978 (1987), rev’d, 209 Conn. 273 , 550 A.2d 1073 (1988).

11990–1990
Rowe v. Godou green
connappct · 1987
2 sentences

1990As was said in Martyn v. *424 Donlin, 148 Conn. 27, 32 , 166 A.2d 856 (1961), “[i]n order for the plaintiff in this case to establish the liability of the municipality under § 7-465, [he] must prove compliance with the requirements of the statute as to demand and notice . . . .” See also Rowe v. Godou, 12 Conn. App. 538, 545 , 532 A.2d 978 (1987), rev’d, 209 Conn. 273 , 550 A.2d 1073 (1988).

1990As was said in Martyn v. *424 Donlin, 148 Conn. 27, 32 , 166 A.2d 856 (1961), “[i]n order for the plaintiff in this case to establish the liability of the municipality under § 7-465, [he] must prove compliance with the requirements of the statute as to demand and notice . . . .” See also Rowe v. Godou, 12 Conn. App. 538, 545 , 532 A.2d 978 (1987), rev’d, 209 Conn. 273 , 550 A.2d 1073 (1988).

11990–1990
Kaye v. Town of Manchester green
connappct · 1990
2 sentences

1990Section 7-465 imposes liability on a municipality to pay any judgment rendered against one of its employees provided that the employee “was acting in the performance of his duties and within the scope of his employment, and if such occurrence . . . was not the result of any wilful or wanton act of such employee in the discharge of such duty.” Kaye v. Manchester, 20 Conn. App. 439, 443-44 , 568 A.2d 459 (1990).

1990Section 7-465 imposes liability on a municipality to pay any judgment rendered against one of its employees provided that the employee “was acting in the performance of his duties and within the scope of his employment, and if such occurrence . . . was not the result of any wilful or wanton act of such employee in the discharge of such duty.” Kaye v. Manchester, 20 Conn. App. 439, 443-44 , 568 A.2d 459 (1990).

11990–1990
Barkley v. City of Bristol neutral
connsuperct · 1961
1 sentence

1964See MacLeod v. Milford, 25 Conn. Sup. 70 ; Shaw v. Industrial Safety Supply Co., 23 Conn. Sup. 149 ; Cagianello v. Letare, 23 Conn. Sup. 130 ; Barkley v. Bristol, 23 Conn. Sup. 133 .

11964–1964
Cagianello v. Letare neutral
connsuperct · 1961
1 sentence

1964See MacLeod v. Milford, 25 Conn. Sup. 70 ; Shaw v. Industrial Safety Supply Co., 23 Conn. Sup. 149 ; Cagianello v. Letare, 23 Conn. Sup. 130 ; Barkley v. Bristol, 23 Conn. Sup. 133 .

11964–1964
Shaw v. Industrial Safety Supply Co. green
connsuperct · 1962
1 sentence

1964See MacLeod v. Milford, 25 Conn. Sup. 70 ; Shaw v. Industrial Safety Supply Co., 23 Conn. Sup. 149 ; Cagianello v. Letare, 23 Conn. Sup. 130 ; Barkley v. Bristol, 23 Conn. Sup. 133 .

11964–1964

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 7-465 (20) CT § Conn. Gen. Stat. § 52-557n (6) CT § Conn. Gen. Stat. § 13a-149 (3) CT § Conn. Gen. Stat. § 51-199 (3) CT § Conn. Gen. Stat. § 7-308 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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