CT ACCIDENT AND INJURY LAW -- Snow removal on roadway did not qualify as excavation for purposes of Call Before You Dig statute

2016-01-25 | Kathryn M. Cunningham

Category: Auto Accidents

Kathryn M. Cunningham

In a case handled by Attorney Kathryn M. Cunningham at Jackson O’Keefe, LLP, obtained summary judgment in favor of municipal defendants arising out of alleged damage to a CL&P power unit along the side of a road.  CL&P sued, alleging that the equipment was negligently damaged when snow was being removed and cleared from the road by a plow.  CL&P attempted to circumvent governmental immunity by relying upon the Call Before You Dig statute, C.G.S. §16-346.  CL&P claimed that when the town was removing snow, it was effectively “excavating” and did not notify CL&P or the appropriate authority in violation of statute.  The Connecticut Superior Court agrees with the defendant municipality and Jackson O’Keefe that said statute did not apply.  “A plain reading of the statute does not equate snow removal to excavation.”  The court held that the statute’s definition of excavation did not reach to surface removal of snow from pavement.  The court also noted that a holding in accordance with CL&P’s claim would require every municipality and every private contractor and every property owner to contact the authorities before every snow removal operation on the chance that a public utility’s equipment might be struck during the course of clearing snow.  Connecticut Light & Power Co. v. Town of Avon, CV15-6027884 (Conn.Super. Young, J.)(Nov. 10, 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) 278-4040

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

Bloomfield Office

7 High Hill Rd
Bloomfield, CT 06002
Phone: 860 278 4040

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