Plaintiffs were injured when a vehicle driven by a state employee collided with their vehicle. They filed a four-count complaint against the employee and the state. Two counts were asserted against the state, alleging that the employee was acting within the scope of his employment when the alleged accident occurred and two counts were asserted against the employee alone and did not contain such allegations.
The defendant moved to dismiss the two claims against him, arguing that he was statutorily immune from liability because he was a state employee acting within the scope of his employment when the accident occurred.
The court denied the motion to dismiss, holding that the counts against the employee alone could be construed as having been brought against him in his individual capacity and state employees do not have statutory immunity for actions not performed within the scope of their employment.
Sanchez v. State of Connecticut Dept. of Transportation, No. CV 17-6083500 (07/12/18)