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MUNICIPAL LAW: Superior Court holds that §13a-149 is exclusive remedy for highway defect claim

MUNICIPAL LAW: Superior Court Holds That §13a-149 Is Exclusive Remedy For Highway Defect Claim

The claim arose out of a bicycle accident that occurred when the plaintiff’s front tire became trapped in a catch basin grate.  The court rejects the claimant’s claim that General Statutes §52-557n(b)(8) allows a claim for reckless failure to inspect.  The court reasons that the statutory direction that §13a-149 be the exclusive remedy for highway defect claims would be circumvented and rendered nugatory if the court were to allow claimants to plead a cause of action under §52-557n(b)(8) in every highway defect case.  Summary judgment is granted for the defendant.

Dazid v. Town of Fairfield, CV-6056909S (8/3/17)

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