MUNICIPAL LAW: Superior Court holds savings clause in § 13a-149 applicable where plaintiff only failed to provide the time of the subject accident
The Superior Court denied a Motion to Dismiss in a defective highway action brought against…
The plaintiff fell into a dumpster at a transfer station, and commenced suit alleging that the Town was negligent under OSHA in failing to have protective barriers to prevent such falls. Affirming summary judgment for the Town, the Appellate Court reaffirms that OSHA regulations apply only to employees as defined under OSHA at worksites. Since the plaintiff was not an employee, OSHA did not create a discretionary or non-discretionary duty. Since the only duties alleged were discretionary in nature, governmental immunity barred the claim.
Bouchard v. Deep River, 155 Conn. App. 490 (Feb. 24, 2015)