defective highway claim in Connecticut

1994General Statutes 13a-149 requires that notice be given in order to bring a defective highway claim against a municipality. "[T]he plaintiff who fails within ninety days to provide the municipality with the statutorily required notice will be barred from any recovery." Sanzone v. Board of Police Commissioners, 219 Conn. 179 , 198 , 592 A.2d 912 (1991).

1994General Statutes 13a-149 requires that notice be given in order to bring a defective highway claim against a municipality. "[T]he plaintiff who fails within ninety days to provide the municipality with the statutorily required notice will be barred from any recovery." Sanzone v. Board of Police Commissioners, 219 Conn. 179 , 198 , 592 A.2d 912 (1991).

1997In order to properly bring a defective highway claim, a plaintiff must satisfy the notice and limitation requirements of General Statutes § 13a-149 which act as conditions precedent to the maintenance of an action thereunder. 1 Marino v. East Haven, 120 Conn. 577 , 579 , 182 A. 225 (1935).

1997In order to properly bring a defective highway claim, a plaintiff must satisfy the notice and limitation requirements of General Statutes § 13a-149 which act as conditions precedent to the maintenance of an action thereunder. 1 Marino v. East Haven, 120 Conn. 577 , 579 , 182 A. 225 (1935).

2003"Allegations of due care must be specifically pleaded in a defective highway claim brought against a municipality and cannot be presumed." Mastrolillo v. Danbury , 61 Conn. App. 693 , 699 , 767 A.2d 1232 (2001). "[T]he plaintiff's contributory negligence . . . present[s] a factual issue for the jury." Hemmings v. Weinstein , 151 Conn. 502 , 505 , 199 A.2d 687 (1964).

2003"Allegations of due care must be specifically pleaded in a defective highway claim brought against a municipality and cannot be presumed." Mastrolillo v. Danbury , 61 Conn. App. 693 , 699 , 767 A.2d 1232 (2001). "[T]he plaintiff's contributory negligence . . . present[s] a factual issue for the jury." Hemmings v. Weinstein , 151 Conn. 502 , 505 , 199 A.2d 687 (1964).

2003"Conclusions of proximate cause are to be drawn by the jury and not by the court." (Internal quotation marks omitted.) Trzcinski v. Richey , 190 Conn. 285 , 295 , 460 A.2d 1269 (1983).

2003"Conclusions of proximate cause are to be drawn by the jury and not by the court." (Internal quotation marks omitted.) Trzcinski v. Richey , 190 Conn. 285 , 295 , 460 A.2d 1269 (1983).

2003"Allegations of due care must be specifically pleaded in a defective highway claim brought against a municipality and cannot be presumed." Mastrolillo v. Danbury , 61 Conn. App. 693 , 699 , 767 A.2d 1232 (2001). "[T]he plaintiff's contributory negligence . . . present[s] a factual issue for the jury." Hemmings v. Weinstein , 151 Conn. 502 , 505 , 199 A.2d 687 (1964).

2003"Allegations of due care must be specifically pleaded in a defective highway claim brought against a municipality and cannot be presumed." Mastrolillo v. Danbury , 61 Conn. App. 693 , 699 , 767 A.2d 1232 (2001). "[T]he plaintiff's contributory negligence . . . present[s] a factual issue for the jury." Hemmings v. Weinstein , 151 Conn. 502 , 505 , 199 A.2d 687 (1964).

1999Gurliacci v. Mayer , 218 Conn. 531 , 547-49 , 590 A.2d 914 (1991).

1999Gurliacci v. Mayer , 218 Conn. 531 , 547-49 , 590 A.2d 914 (1991).

1998Older v. Old Lyme , 124 Conn. 283 (1938).

1997As a condition precedent to a cause of action pursuant to § 13a-149 , "if [it] is not met, no cause of action exists." Bresnan v. Frankel, 224 Conn. 23 , 26 , 615 A.2d 1040 (1992).

1997As a condition precedent to a cause of action pursuant to § 13a-149 , "if [it] is not met, no cause of action exists." Bresnan v. Frankel, 224 Conn. 23 , 26 , 615 A.2d 1040 (1992).

1995Marino v. East Haven, 120 Conn. 577 , 579 (1935); Shine v. Powers, 37 Conn. Sup. 710 , 711 (App. Sess. 1981).

1995The court held CT Page 435 that in order to prevail on a defective highway claim, the plaintiff must prove "that the defect must have been the sole proximate cause of the injuries and damages claimed, which means that the plaintiff must prove freedom from contributory negligence." See Memorandum of Decision dated January 20, 1994 (Lewis, J.), quoting Szachon v. Windsor , 29 Conn. App. 791 , 797 , 618 A.2d 74 (1992).

1995The court held CT Page 435 that in order to prevail on a defective highway claim, the plaintiff must prove "that the defect must have been the sole proximate cause of the injuries and damages claimed, which means that the plaintiff must prove freedom from contributory negligence." See Memorandum of Decision dated January 20, 1994 (Lewis, J.), quoting Szachon v. Windsor , 29 Conn. App. 791 , 797 , 618 A.2d 74 (1992).

1994Similarly, in O'Neil v. Burns , 2 CSCR 3 , 4 (November 12, CT Page 8536 1986, Reynolds, J.), the court held that "where . . . there are no third parties who may have contributed to the plaintiff's injuries, an allegation that the plaintiff was exercising due care is tantamount to an allegation that the alleged defect was the sole proximate cause of the accident." Conversely, where there are no third parties, as in the present case, an allegation that the defect was the sole proximate cause of the injury is tantamount to an allegation that the plaintiff was exercising due care, because an alleg

1992In Moffett v. Burns, 3 CSCR 636 (July 12, 1988, Pickett, J.), aff'd 18 Conn. App. 82 , 559 A.2d 1190 (1989), cert. denied 212 Conn. 806 , 561 A.2d 947 (1989), the defendant challenged, through the use of a motion to strike, the statutory notice provided by the plaintiff pursuant to General Statutes 13a-144 .

1992In Moffett v. Burns, 3 CSCR 636 (July 12, 1988, Pickett, J.), aff'd 18 Conn. App. 82 , 559 A.2d 1190 (1989), cert. denied 212 Conn. 806 , 561 A.2d 947 (1989), the defendant challenged, through the use of a motion to strike, the statutory notice provided by the plaintiff pursuant to General Statutes 13a-144 .

1992In Lamberti v. Stamford, 131 Conn. 396 , 401 , 40 A.2d 190 (1944), the last day to give notice of a defective highway claim to the municipal clerk fell on Christmas day.

1992In Lamberti v. Stamford, 131 Conn. 396 , 401 , 40 A.2d 190 (1944), the last day to give notice of a defective highway claim to the municipal clerk fell on Christmas day.

1992In Moffett v. Burns, 3 CSCR 636 (July 12, 1988, Pickett, J.), aff'd 18 Conn. App. 82 , 559 A.2d 1190 (1989), cert. denied 212 Conn. 806 , 561 A.2d 947 (1989), the defendant challenged, through the use of a motion to strike, the statutory notice provided by the plaintiff pursuant to General Statutes 13a-144 .

1992General Statutes 13a-144 states that a defective highway claim cannot be brought "unless notice of such injury and a general description of the same and of the cause thereof. and of the time and place of its occurrence has, been given writing . . . to the commissioner." General Statutes 13a-144 created a cause of action `wholly unauthorized by the common law.' . . . . `In view of the fact that Section [ 13a-144 ] is in derogation of the common law and that during its successive reenactments a savings clause has not been inserted, the statute must be strictly construed.' (Citations omitted) Ozm

1992General Statutes 13a-144 states that a defective highway claim cannot be brought "unless notice of such injury and a general description of the same and of the cause thereof. and of the time and place of its occurrence has, been given writing . . . to the commissioner." General Statutes 13a-144 created a cause of action `wholly unauthorized by the common law.' . . . . `In view of the fact that Section [ 13a-144 ] is in derogation of the common law and that during its successive reenactments a savings clause has not been inserted, the statute must be strictly construed.' (Citations omitted) Ozm

1992In a reply memorandum, the defendant claims that the plaintiff's motion in opposition is a speaking motion under Connecticut State Oil Co. v. Carbone, 36 Conn. Sup. 181 , 182-83 , 415 A.2d 771 (1979).

1992In a reply memorandum, the defendant claims that the plaintiff's motion in opposition is a speaking motion under Connecticut State Oil Co. v. Carbone, 36 Conn. Sup. 181 , 182-83 , 415 A.2d 771 (1979).