127 Conn. App. 254
Conn. App. Ct.2011Background
- In Sept. 3, 2006, a tractor-trailer crash occurred on I-95 in Greenwich while Brown was driving westbound.
- Robert Lucas, a Greenwich fire department volunteer, responded and parked a fire truck with cones to secure the scene.
- William Kumah collided with the parked fire truck, sustaining serious injuries.
- The Kumahs sued Greenwich, alleging negligence and nuisance based on Lucas’s conduct.
- The town moved to strike the negligence and nuisance counts; the trial court granted some strikes but later struck nuisance counts after amended pleadings; the Kumahs appealed, challenging the rulings on immunity and Himmelstein.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether governmental immunity bars the negligence counts. | Kumah argues ministerial duties negate immunity. | Brown contends duties are discretionary. | Negligence counts plead ministerial duties; immunity does not bar. |
| Whether Himmelstein governs the nuisance counts. | Himmelstein should not control; distinguishable facts. | Himmelstein controls nuisance when within § 13a-149 scope. | Himmelstein not controlling; nuisance counts not within 13a-149; reversal warranted. |
Key Cases Cited
- Himmelstein v. Windsor, 116 Conn.App. 28 (2009) ( nuisance claims within § 13a-149 exclusive remedy; not applicable here)
- Violano v. Fernandez, 280 Conn. 310 (2006) (governmental immunity and ministerial vs discretionary duties framework)