INJURY LAW – Connecticut Appellate Court reverses, in part, summary judgment for the Metropolitan District Commission arising out of flooding allegations

2015-11-06 | Philip R. Dunn

Category: Personal Injury & Wrongful Death

Philip R. Dunn

The plaintiff alleged that she sustained property damage and personal injury as a result of two incidents in which raw sewage flooded her basement.  The first incident allegedly occurred in October of 2005, and the second incident occurred in March of 2011.  Following the first incident, the defendant installed a backflow preventer.  The defendant moved for summary judgment on the grounds of governmental immunity and the statute of limitations.  The Superior Court granted the motion.  On appeal, the Appellate Court reverses, in part.  With regard to governmental immunity, the court holds that the MDC failed to establish that the operation of the sanitary sewer system was a governmental as opposed to proprietary function.  In the absence of evidence, the Appellate Court could not conclude as a matter of law that a provision of sanitary sewer operations to paying customers was not proprietary.  The court affirmed the Superior Court with regard to the conclusion that the conduct at issue was discretionary and that the plaintiff did not qualify as an identifiable victim subject to imminent harm.  The Appellate Court further holds that summary judgment was appropriate pursuant to the statute of limitations with regard to the 2005 incident, but improper with regard to the 2011 flooding incident. The lawsuit was commenced approximately five months after the 2011 incident.  Finally, the Appellate Court affirmed the trial court’s conclusion that the claims characterized by the plaintiff as contract claims were actually tort claims, such that the applicable tort statute of limitations, rather than the longer contract statute of limitations, was applicable.  Brusby v. Metropolitan District, 160 Conn. App. 638 (October 20, 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) 255-8586 during business hours or 860.966.7436 any time, or email us any time at

Our Famington office: 
Phone: (860) 255-8586
Fax: (860) 527-2500
Address: 14 Greencrest Drive, Farmington CT 06032


Share this:

Latest News

More Articles