Ivester v. City of Waterbury, No. Cv94-0123870s (Feb. 11, 1999)

Connecticut Superior Court

Ivester v. City of Waterbury, No. Cv94-0123870s (Feb. 11, 1999)

1999 Conn. Super. Ct. 1635

CourtConnecticut Superior Court

DecidedFebruary 11, 1999

DocketNo. CV94-0123870S

StatusUnpublished

This text of 1999 Conn. Super. Ct. 1635 (Ivester v. City of Waterbury, No. Cv94-0123870s (Feb. 11, 1999)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ivester v. City of Waterbury, No. Cv94-0123870s (Feb. 11, 1999), 1999 Conn. Super. Ct. 1635 (Colo. Ct. App. 1999).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE: MOTION FOR SUMMARY JUDGMENT #113 The defendant City of Waterbury's motion for summary judgment is granted.

In Williams v. New Haven, 243 Conn. 763, the court held that a plaintiff cannot maintain an action in common-law negligence against a municipality in the absence of a statute providing for municipal liability. The plaintiffs allege that Connecticut General Statutes § 52-572n provides the basis for their common-law claims. However, the statute was not plead; the plaintiffs did not name any individual municipal officers, agents or employees pursuant to § 7-465 or any other statute that would invoke the municipality's duty to indemnify. See Williamsv. New Haven, supra, 469. Hence there can be no liability absent a statutory provision. There is no material fact as to liability at issue.

Plaintiff argues that the issue of failure to plead §7-465 should have been raised in a motion to strike. This court concludes that a variety of legal bars to the maintenance of claims may be raised on a motion for summary judgment. See, e.g.,Barrett Builders v. Miller, 215 Conn. 316 (1990) (application of Home Improvement Act); 206 Conn. 495, 500 (1988) and Mingachos v.CT Page 1636CBS Inc. (bar of worker's compensation statute).

_____________________________________ SANDRA VILARDI LEHENY, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE: MOTION FOR SUMMARY JUDGMENT #113 The defendant City of Waterbury's motion for summary judgment is granted.

In Williams v. New Haven, 243 Conn. 763, the court held that a plaintiff cannot maintain an action in common-law negligence against a municipality in the absence of a statute providing for municipal liability. The plaintiffs allege that Connecticut General Statutes § 52-572n provides the basis for their common-law claims. However, the statute was not plead; the plaintiffs did not name any individual municipal officers, agents or employees pursuant to § 7-465 or any other statute that would invoke the municipality's duty to indemnify. See Williamsv. New Haven, supra, 469. Hence there can be no liability absent a statutory provision. There is no material fact as to liability at issue.

Plaintiff argues that the issue of failure to plead §7-465 should have been raised in a motion to strike. This court concludes that a variety of legal bars to the maintenance of claims may be raised on a motion for summary judgment. See, e.g.,Barrett Builders v. Miller, 215 Conn. 316 (1990) (application of Home Improvement Act); 206 Conn. 495, 500 (1988) and Mingachos v.CT Page 1636CBS Inc. (bar of worker's compensation statute).

_____________________________________ SANDRA VILARDI LEHENY, J.

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1999 Conn. Super. Ct. 1635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivester-v-city-of-waterbury-no-cv94-0123870s-feb-11-1999-connsuperct-1999.

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