CT MUNICIPAL LAW – Superior Court finds that defective highway statute is the sole remedy for accident allegedly caused by “stop sticks” placed in roadway

2015-10-05 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

Category: Municipal Law

Kathryn M. Cunningham

The plaintiffs were passengers in a vehicle being pursued by the police.  The police placed stop sticks in the roadway to force the vehicle to stop or slow.  The passengers then brought a suit against the City of Hartford, alleging negligence and recklessness.  The municipal defendants moved to strike, arguing that the highway-defect statute provided the exclusive remedy.  The Superior Court agrees with the defendants and strikes the claims pursuant to those common-law theories.  The plaintiff’s exclusive remedy is under the defective highway statute, which requires, as one of the elements, that the plaintiffs prove that the defect was the “sole proximate cause” of the injuries and damages.  Barnes v. City of Hartford (September 1, 2015)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 276-8100.


With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield and Farmington, our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case.  860.278.4040

 

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