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

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.)