177 A.2d 517 | Conn. Super. Ct. | 1961
This action arises from a collision of a truck owned by the defendant city of Hartford and driven by its employee, the defendant Letare, with a vehicle owned by the plaintiff Dunn and operated by her son, the plaintiff Cagianello. the complaint is in two counts: One, for injuries to Cagianello; the second, for damages to Mrs. Dunn's car and other expenses. Both counts are against both defendants. The latter "demur to the plaintiffs' complaint as the plaintiffs here failed to allege that they were in the exercise of due care." While the parties in their memoranda confuse the singular and plural with resulting uncertainty as to their contentions, the quote is from the demurrer itself and will be considered as posing the question here. *131
Obviously, the reason thus advanced could not prevail in favor of the defendant Letare were he alone sued. General Statutes §
The statute (§
As opposed to such a reading, the fifth and sixth sentences refer to the action, subject of this section, as being "against such municipality or employee" and "against such municipality and employee." The last reads, "Governmental immunity shall not be a defense in any action brought under this section." It thus appears that what the legislature intended was a disposition in one action of the entire issue. As to the proper method of pleading, "[t]he complaint should be in two counts: the first, alleging the facts essential to the legal liability of the employee, and the second, the facts essential to the legal liability of the municipality under the statute."Martyn v. Donlin, supra, 32.
Hence, the issue narrows itself to the simple question whether this §
Therefore, it is held that §
The demurrer is sustained.