INJURY LAW: Superior Court holds that a railroad platform does not qualify as a sidewalk under defective highway statute

6/23/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

Category: Personal Injury & Wrongful Death

Philip R. Dunn, Jr.

The plaintiff allegedly fell through a gap in a railroad platform when disembarking from a train in New Haven.  Suit was brought against the railroad and the State Transportation Commissioner.  The Commissioner moved to dismiss on the grounds of sovereign immunity.  In opposition, the plaintiff argued that the train platform qualified as a sidewalk under the State defective highway statute, C.G.S. §13a-144.  The Superior Court rejects the plaintiff’s argument, noting that the statute’s application was restricted to highways, bridges, and sidewalks, and did not include railroad platforms.  The court held that the platform did not constitute a part of the street and was not utilized in connection with a street.  Accordingly, the State’s Motion to Dismiss is granted.  White v. National R.R. Passenger Corp., CV15-6055608 (Conn.Super. Blue, J.)

 

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) 255-8586.

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) 255-8586 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

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