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 was voluntarily participating in a scavenger hunt. The plaintiff alleged that the Board of Education breached its ministerial duties by failing to prevent the students from participating in the activity. Granting the Board’s motion to strike, the court holds that it acted in a discretionary fashion and that no exception applied to governmental immunity. Although schoolchildren attending public school during school hours on school property could qualify for the identifiable victim/imminent harm exception, the court holds that the exception did not apply because the plaintiff voluntarily decided to participate in the scavenger hunt.
Estrada v. Pierre-Louis (08/11/16)