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PERSONAL INJURY: Appellate Court affirms summary judgment for town on claim arising from allegedly defective playground

A minor was injured when a seesaw he was riding on allegedly crashed to the ground.  The plaintiff claimed that there was insufficient shock-absorbing material beneath the seesaw.  The plaintiff alleged negligence and later added a count for public nuisance.  The Superior Court granted summary judgment.

On appeal, the Appellate Court holds that discretionary act governmental immunity applied with regard to maintenance of the premises, barring the claim for negligence.  The court further holds that the plaintiff’s belated attempt to add a claim for public nuisance was barred by the statute of limitations, and that the claim for public nuisance did not relate back to the date of filing of the original Complaint since the claim for nuisance was based upon a substantially different factual predicate than the claim for negligence.

DiMiscelli v. Cheshire, 162 Conn.App. 216 (Jan. 5, 2016)