Sweeney v. Friends of Hammonasset
140 Conn. App. 40
| Conn. App. Ct. | 2013Background
- Sweeney sued Friends of Hammonasset and Becker after a fall at the Owl Prowl event at Willard Island within Hammonasset Beach State Park.
- Friends was invited to participate but did not sponsor or obtain a state special use permit; maintenance was the state's responsibility.
- Becker, as Friends' president, was a noncompensated volunteer and alleged to have supervised, trained or overseen activities.
- Event organization was by the Meigs Point Nature Center under the Department of Environmental Protection; Friends did not control the premises where the fall occurred.
- The trial court granted summary judgment to both defendants, holding no possession/control of the premises and Becker immune under §52-557m; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premises liability vs ordinary negligence for count one | Sweeney argues count one sounds in ordinary negligence. | Friends argues count one sounds in premises liability due to lack of control. | Count one is premises liability; no genuine issue of material fact on control. |
| Becker immunity under §52-557m vs the Volunteer Protection Act | Becker should not receive immunity because she oversaw and trained, not policy decisions. | §52-557m applies to decision-making roles; act preemption does not defeat state immunity. | Becker is statutorily immune under §52-557m; not preempted by the Volunteer Protection Act. |
Key Cases Cited
- LaFlamme v. Dallessio, 261 Conn. 247 (Conn. 2002) (liability for defective premises focuses on possession and control)
- Mills v. The Solution, LLC, 138 Conn. App. 40 (Conn. App. 2012) (premises liability duty to inspect and warn; control essential)
- Petitte v. DSL.net, Inc., 102 Conn. App. 363 (Conn. App. 2007) (pleading interpretation and theory of negligence)
- Corcoran v. Jacovino, 161 Conn. 462 (Conn. 1971) (public vs business invitee analysis; mode of operation rule tied to premises liability)
- Wilton Meadows Ltd. Partnership v. Coratolo, 299 Conn. 819 (Conn. 2011) (plaintiff review of trial court’s summary judgment on questions of law)