Smith v. Rudolph, 330 Conn. 138

On October 23, 2012, a state‑owned bus drove through a red light and collided with Anthony Smith's car; Smith sustained personal injuries and property damage.
Smith sued the Department of Transportation under General Statutes § 52-556, which waives sovereign immunity for injuries caused by state employees operating state motor vehicles.
Smith claimed the case to the jury list; the state moved to strike, arguing § 52-556 does not authorize a jury trial. The trial court granted the motion and the case was tried to the court.
The court entered judgment for Smith for $31,953.12; Smith appealed, arguing § 52-556 confers a right to jury trial as a waiver of sovereign immunity adopting common‑law negligence remedies.
The State argued § 52-556 creates a statutory cause of action (waiver of immunity) and, because it does not expressly provide for jury trials, no jury right can be implied.
The Supreme Court affirmed: § 52-556 does not expressly grant a jury trial and, under controlling precedents about sovereign immunity waivers, a jury right cannot be implied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 52-556 entitles a plaintiff to a jury trial	Smith: § 52-556 waives sovereign immunity for "negligence," importing common‑law negligence and its jury right under Conn. Const. art. I, § 19	State: § 52-556 is a statutory waiver that does not expressly provide for jury trials; any jury right must be expressly granted	Held: No jury right; waiver statutes silent on jury trials must be construed not to imply a jury right; case properly removed from jury list
Whether ministerial‑duty exception to sovereign immunity or preservation of that claim allows jury trial	Smith: driving a bus is ministerial so no sovereign immunity; thus jury right follows	State: Issue not preserved; Connecticut has not recognized ministerial‑duty exception to sovereign immunity	Held: Not preserved and no recognized ministerial‑duty exception to sovereign immunity in this context

Perry v. Perry, 312 Conn. 600 (statutory interpretation is plenary review)
Rivers v. New Britain, 288 Conn. 1 (statutory construction principles; § 1-2z guidance)
Cox v. Aiken, 278 Conn. 204 (state cannot be sued without its consent)
Housatonic Railroad Co. v. Commissioner of Revenue Services, 301 Conn. 268 (waivers of sovereign immunity strictly construed)
Skinner v. Angliker, 211 Conn. 370 (jury right cannot be implied from a statute waiving sovereign immunity; must be express)
Canning v. Lensink, 221 Conn. 346 (no constitutional jury right for suits waiving pre‑constitutional sovereign immunity; silence means no jury)
Babes v. Bennett, 247 Conn. 256 (statute waiving immunity uses "negligence" but does not necessarily import jury right)
Perez v. University of Connecticut, 182 Conn. App. 278 (statutory language making state "liable as if a private person" does not automatically confer jury trial)
State v. Heredia, 310 Conn. 742 (omission of provision in similar statute indicates different legislative intent)
State v. Bush, 325 Conn. 272 (courts may not supply omitted statutory language)