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 Town of Fairfield.  The defendant filed a Motion to Dismiss for plaintiff’s failure to include the time of the subject accident in the notice pursuant to C.G.S. § 13a-149.  A plaintiff’s failure to provide the requisite notice pursuant to § 13a-149 deprives the court of subject matter jurisdiction.  The court held the plaintiff’s notice was faulty pursuant to § 13a-149 as it failed to provide the time of the subject accident.  The court further held that the savings clause pursuant to C.G.S. § 13a-149 was applicable and, therefore, the court retained jurisdiction.  The savings clause applies where the information provided in the notice is inaccurate, not where information is entirely absent.  The third element of the notice provision calls for the date and time of the subject accident.  The court reasoned that because the notice provided the date and not the time it “is not a complete, total and unmistakable omission of one of the five essential elements.”     Giovanni Timperanza, et al v. The Town of Fairfield, Superior Court, judicial district of Fairfield, Docket No. CV20-6096127 (Oct. 22, 2020)