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MUNICIPAL LAW: Superior Court finds that defective highway statute is the sole remedy for accident allegedly caused by “stop sticks” placed in roadway

MUNICIPAL LAW: Superior Court Finds That Defective Highway Statute Is The Sole Remedy For Accident Allegedly Caused By “stop Sticks” Placed In Roadway

The plaintiffs were passengers in a vehicle being pursued by the police.  The police placed stop sticks in the roadway to force the vehicle to stop or slow.  The passengers then brought a suit against the City of Hartford, alleging negligence and recklessness.  The municipal defendants moved to strike, arguing that the highway-defect statute provided the exclusive remedy.  The Superior Court agrees with the defendants and strikes the claims pursuant to those common-law theories.  The plaintiff’s exclusive remedy is under the defective highway statute, which requires, as one of the elements, that the plaintiffs prove that the defect was the “sole proximate cause” of the injuries and damages.

Barnes v. City of Hartford (September 1, 2015)

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