ACCIDENT AND INJURY LAW -- Connecticut Appellate Court affirms summary judgment for town on claim arising from allegedly defective playground

2016-01-25 | Philip R. Dunn

Category: Personal Injury & Wrongful Death


A minor was injured when a seesaw he was riding on allegedly crashed to the ground.  The plaintiff claimed that there was insufficient shock-absorbing material beneath the seesaw.  The plaintiff alleged negligence and later added a count for public nuisance.  The Superior Court granted summary judgment.  On appeal, the Appellate Court holds that discretionary act governmental immunity applied with regard to maintenance of the premises, barring the claim for negligence.  The court further holds that the plaintiff’s belated attempt to add a claim for public nuisance was barred by the statute of limitations, and that the claim for public nuisance did not relate back to the date of filing of the original Complaint since the claim for nuisance was based upon a substantially different factual predicate than the claim for negligence.  DiMiscelli v. Cheshire, 162 Conn.App. 216 (Jan. 5, 2016)

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

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