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…
Where the plaintiff was walking backward in the middle of the road and encountered a pothole, the Court notes the plaintiff could not prove that the pothole was the sole proximate cause of the alleged injury, as required to prevail in a defective highway action.
The court notes that General Statutes § 14-300c(a) requires that pedestrians walk on the edge of the road.
Palmieri v. Trumbull, (December 23, 2014)