Affirming a jury verdict on the grounds of qualified immunity based upon the exercise of discretion, the Appellate Court holds that the jury properly determined that governmental immunity applied. The case arose out of a September 3, 2006 accident that occurred on Interstate 95. A volunteer fire department responded to a motor vehicle accident on the highway, and stationed a fire truck across the middle and right travel lanes, after placing cones to warn approaching drivers. The plaintiff’s vehicle collided with one of the fire trucks. The plaintiff alleged that the defendants were negligent and created a nuisance on the highway.
At trial, the jury found in favor of the defendant, finding that no nuisance had been created and that the placement of the fire engines involved the exercise of discretion, entitling the defendants to governmental immunity. On appeal, the Appellate Court affirms, noting that the jury could have found that the firefighters were negligent with regard to the placement of cones, but this involved the exercise of discretion.
Kumah v. Brown, AC 36716 (Oct. 27, 2015)