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)