MUNICIPAL LAW – Governmental immunity bars claim for playground injury

5/4/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

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Joseph M. Busher Jr.

MUNICIPAL LAW – Governmental immunity bars claim for playground injury:

The minor plaintiff was a kindergarten student who fell and broke her arm while climbing the steps to a slide on the school playground.  There was no evidence of any apparent defect in the slide or stairs.  Nor was there any evidence that the plaintiff or anyone else was using the equipment improperly.  The evidence was that the plaintiff fell unexpectedly while using the slide as expected.  Under these circumstances, the court holds that neither the ministerial duty exception nor the imminent harm/identifiable victim exception to governmental immunity apply.  Summary judgment is granted for the defendants.  Zamora v. New Haven, CV12-6033735 (2/8/17 Alander, J.)

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