DePietro v. Department of Public Safety

11 A.3d 1149, 126 Conn. App. 414, 2011 Conn. App. LEXIS 47
CourtConnecticut Appellate Court
DecidedFebruary 8, 2011
DocketAC 31484
StatusPublished
Cited by13 cases

This text of 11 A.3d 1149 (DePietro v. Department of Public Safety) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DePietro v. Department of Public Safety, 11 A.3d 1149, 126 Conn. App. 414, 2011 Conn. App. LEXIS 47 (Colo. Ct. App. 2011).

Opinions

Opinion

GRUENDEL, J.

The plaintiff, James DePietro, appeals from the judgment of the trial court dismissing his action to recover monetary damages from the defendant, the department of public safety, for lack of subject matter jurisdiction. He claims that the court improperly concluded that the doctrine of sovereign immunity barred the action. We affirm the judgment of the trial court.

When reviewing a motion to dismiss, “we take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader.” (Internal quotation marks omitted.) Prigge v. Ragaglia, 265 Conn. 338, 340, 828 A.2d 542 (2003). At all relevant times, the plaintiff was an officer with the [416]*416Bridgeport police department assigned to the statewide firearms trafficking task force. As such, he acted as a special state police officer pursuant to General Statutes §§ 29-177 and 29-178.1 In the early morning of February 23, 2001, the plaintiff, acting within the scope of that employment and driving a vehicle owned by the defendant, sustained serious physical injuries in an automobile accident on Interstate 91 in Middletown that was caused by the negligence of Paul Albrycht in operating his motor vehicle.

The plaintiff subsequently obtained payment of the $25,000 insurance policy limit from Albrycht. He thereafter commenced an action for monetary damages against the defendant on January 7, 2003. In his complaint, the plaintiff averred, inter alia, that on February 23, 2001, he “was an insured under the self-insurance policy of the . . . state which policy provides for underinsured motorist benefits in the amount of [$1 million] per accident involving a [s]tate of Connecticut [417]*417police officer.” He also alleged that the vehicle he operated on that date “was a motor vehicle insured for underinsured motorist benefits pursuant to said . . . [s]tate self-insured policy.”

More than one year later, on January 20, 2004, the plaintiff filed a claim with the claims commissioner (commissioner) pursuant to chapter 53 of the General Statutes, §§ 4-141 through 4-165. The record before us is devoid of any ruling thereon by the commissioner. It does not indicate if, when, why or how the commissioner acted on the plaintiffs claim. Whatever that ruling, the plaintiff concedes that he did not appeal from that determination to the General Assembly pursuant to General Statutes § 4-158.

On April 24, 2007, the defendant filed a motion to dismiss the plaintiffs action on the ground that it was barred by the doctrine of sovereign immunity, which the court granted on November 24, 2008. The plaintiff thereafter filed a motion for reconsideration which the court denied, and this appeal followed.

At the outset, we note that “[t]he doctrine of sovereign immunity implicates subject matter jurisdiction and is therefore a basis for granting a motion to dismiss. ... A determination regarding a trial court’s subject matter jurisdiction is a question of law. When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Citation omitted; internal quotation marks omitted.) Martinez v. Dept, of Public Safety, 263 Conn. 74, 80-81, 818 A.2d 758 (2003).

Our courts “have long recognized the validity of the common-law principle that the state cannot be sued without its consent .... A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that [418]*418there can be no legal right as against the authority that makes the law on which the right depends.” (Citations omitted; internal quotation marks omitted.) Horton v. Meskill, 172 Conn. 615, 623, 376 A.2d 359 (1977). The doctrine of sovereign immunity “operates as a strong presumption in favor of the state’s immunity from liability or suit.” Envirotest Systems Corp. v. Commissioner of Motor Vehicles, 293 Conn. 382, 387-88, 978 A.2d 49 (2009). “When the legislature intends to waive immunity from suit or liability, it expresses that intent by using explicit statutory language.” Rivers v. New Britain, 288 Conn. 1, 12, 950 A.2d 1247 (2008). Accordingly, to circumvent the strong presumption of sovereign immunity in an action for monetary damages, the burden is on the plaintiff to “show that . . . the legislature, either expressly or by force of a necessary implication, statutorily waived the state’s sovereign immunity . . . .” (Internal quotation marks omitted.) Envirotest Systems Corp. v. Commissioner of Motor Vehicles, supra, 388. “Exceptions to [the] doctrine [of sovereign immunity] are few and narrowly construed under our jurisprudence”; C. R. Klewin Northeast, LLC v. Fleming, 284 Conn. 250,258,932 A.2d 1053 (2007); which is consistent with what our Supreme Court has termed its “longstanding adherence to the strict requirements for a waiver of such immunity.” Envirotest Systems Corp. v. Commissioner of Motor Vehicles, supra, 389 n.5. “In the absence of a statutory waiver of sovereign immunity, the plaintiff may not bring an action against the state for monetary damages without authorization from the claims commissioner to do so.” Columbia Air Services, Inc. v. Dept, of Transportation, 293 Conn. 342, 351, 977 A.2d 636 (2009).

I

Thus, we first consider whether the plaintiff has demonstrated that the legislature has statutorily waived the state’s sovereign immunity in the present case. Before [419]*419the trial court, the plaintiff insisted that General Statutes § 52-556 authorized his action against the defendant.2 That statute “provides a cause of action against the state when any person is injured through the negligence of any state employee while operating a motor vehicle owned and insured by the state.” Babes v. Bennett, 247 Conn. 256, 260, 721 A.2d 511 (1998). Because the plaintiff was injur ed by the negligence of a private citizen and not by a state official operating a motor vehicle owned and insured by the state, the court properly found that statute inapplicable. The plaintiff wisely has not advanced § 52-556 as the basis for his claim of statutory waiver in this appeal. Indeed, the plaintiff has identified no statute whatsoever indicating that the [420]*420legislature has waived sovereign immunity with respect to his claim for underinsured motorist benefits.

It is well established that “a litigant that seeks to overcome the presumption of sovereign immunity” bears the burden of demonstrating that the legislature has authorized a particular action for money damages against the state. C. R. Klewin Northeast, LLC v. Fleming, supra, 284 Conn. 258; see also Envirotest Systems Corp. v. Commissioner of Motor Vehicles, supra, 293 Conn.

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Bluebook (online)
11 A.3d 1149, 126 Conn. App. 414, 2011 Conn. App. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/depietro-v-department-of-public-safety-connappct-2011.