The minor plaintiff was a kindergartener attending public elementary school in East Haven. He was injured when he was climbing a ladder on a playscape that included a tower, slides, a ramp and a ladder. The plaintiff allegedly fell and was injured due to a loose bolt on the highest rung of the ladder.
In granting the municipality’s motion for summary judgment, the court concluded that the duty owed was discretionary and that although the plaintiff was an identifiable victim, he failed to prove “imminent harm”. The court stated that a reasonable juror could conclude that given the fact that thousands of students had played on the decrepit playscape over the course of years without being injured, the harm was not imminent. Summary judgment was granted in favor of the municipality.
McCarroll v. City of East Haven, CV14-6044518 (May 9, 2016)