Letowt v. City of Norwalk

579 A.2d 601, 41 Conn. Super. Ct. 402, 41 Conn. Supp. 402, 1989 Conn. Super. LEXIS 22
CourtConnecticut Superior Court
DecidedNovember 8, 1989
DocketFile No. 77813S
StatusPublished
Cited by19 cases

This text of 579 A.2d 601 (Letowt v. City of Norwalk) 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.

Bluebook
Letowt v. City of Norwalk, 579 A.2d 601, 41 Conn. Super. Ct. 402, 41 Conn. Supp. 402, 1989 Conn. Super. LEXIS 22 (Colo. Ct. App. 1989).

Opinion

Lewis, J.

The plaintiff, Ricki Letowt, has sued the defendant city of Norwalk claiming that, while standing beside her automobile, which had just been involved in an accident, she was struck by a police vehicle responding to the accident call and was pinned between her automobile and the patrol car. The plaintiff alleges that her injuries were caused by the negligence of Laura Blakely, the police officer who responded to the scene, in that, Blakely operated her vehicle too fast, had defective tires, failed to apply her brakes properly, failed to keep a proper lookout, failed to sound a warning and failed to turn her vehicle so as to avoid the collision.

The defendant has moved for summary judgment claiming that the operation of a police department is a governmental function, and that the defendant is, therefore, immune from liability. Both parties agree that no specific authority concerning this issue exists in Connecticut. The defendant, however, points to Warren v. Bridgeport, 129 Conn. 355, 358, 28 A.2d 1 (1942), where the automobile in which the plaintiff was *403 a passenger collided with a streetsweeper operated by one of the city’s employees. The Supreme Court held that “the trial court expressly and rightly removed the count on negligence from the consideration of the jury on the ground of governmental immunity.” Id.

The starting point for analysis is the proposition that a municipality is entitled to governmental immunity in the performance of its governmental functions. Ryszkiewicz v. New Britain, 193 Conn. 589, 593, 479 A.2d 793 (1984). There are several exceptions to the general rule, none of which, in the opinion of this court, applies in the present case. One exception is where a statute specifically abolishes governmental immunity. For example, General Statutes § 52-557, which pertains to liability for injuries to children being transported to school. Another exception exists where the municipality is performing proprietary rather than governmental duties. Couture v. Board of Education, 6 Conn. App. 309, 312, 505 A.2d 432 (1986). There is also an exception if the municipality owes a private duty to an individual. Gordon v. Bridgeport Housing Authority, 208 Conn. 161, 180, 544 A.2d 1185 (1988).

The only other exception to governmental immunity is embodied in General Statutes § 52-557n (a) (2) (B), which provides that a municipality is liable for the negligence of its employees while acting within the scope of their employment unless the acts require the exercise of judgment or discretion.

The courts have defined the term “ministerial” as referring to “ ‘ “a duty which is to be performed in a prescribed manner without the exercise of judgment or discretion. ” ’ ” Evon v. Andrews, 211 Conn. 501, 505, 559 A.2d 1131 (1989). The specific issue, therefore, is whether negligence in the driving of a police vehicle should properly be characterized as discretionary or ministerial.

*404 The decision whether the acts of municipal employees were ministerial or discretionary in nature had been regarded as an issue to be decided by the trier of fact. Gauvin v. New Haven, 187 Conn. 180, 186, 445 A.2d 1 (1982). In Evon v. Andrews, supra, 507, however, the court decided as a matter of law that inspecting rental dwellings and enforcing laws pertaining to their maintenance should be characterized as discretionary acts. Assuming, therefore, that this issue is one of law, the court notes that although no case in Connecticut is squarely on this point, other states and commentators have made various attempts to distinguish between discretionary and ministerial acts despite the fact that the Oklahoma Supreme Court in Vanderpool v. State, 672 P.2d 1153, 1154-55 (Okl.1983), stated that ‘[j Judicial attempts to grapple with what has become a multiaddered medusa has resulted in confusion and uncertainty all too painfully apparent to legal scholars, and an inability on the part of the courts to evolve any definite guidelines . . . .”

The approach used by the Supreme Court of Florida in Commercial Carrier Corporation v. Indian River County, 371 So. 2d 1010, 1022 (Fla.1979), distinguishes between planning level decisions, which are immune from suit, and operational type decisions, which are not immune. Planning level functions are described as those involving basic policy decisions, whereás operational level functions are those that implement the policy. Id., 1021. The Florida court further stated that this distinction had to be pursued on a case-by-case method, but it adopted, as useful tools for analysis, the criteria used by the Supreme Court of Washington in Evangelical United Brethren Church of Adna v. State, 67 Wash. 2d 246, 255, 407 P.2d 440 (1965). That court stated that the following questions should be posed: “(1) Does the challenged act, omission, or decision necessarily involve a basic governmental policy, program, or objective? *405 (2) Is the questioned act, omission, or decision essential to the realization or accomplishment of that policy, program, or objective as opposed to one which would not change the course or direction of the policy, program, or objective? (3) Does the act, omission, or decision require the exercise of basic policy evaluation, judgment and expertise on the part of the governmental agency involved? (4) Does the governmental agency involved possess the requisite constitutional, statutory, or lawful authority and duty to do or make the challenged act, omission, or decision? If these preliminary questions can be clearly and unequivocally answered in the affirmative, then the challenged act, omission, or decision can, with a reasonable degree of assurance, be classified as a discretionary governmental process and nontortious, regardless of its unwisdom. If, however, one or more of the questions call for or suggest a negative answer, then further inquiry may well become necessary, depending upon the facts and circumstances involved.”

Another approach is discussed in W. Prosser & W. Keeton, Law of Torts (5th Ed. 1984) § 132,. p. 1062, which states that one should assess “the nature of the plaintiffs injury, the availability of alternative remedies, the ability of the courts to judge fault without unduly invading the executive’s function, and the importance of protecting particular kinds of official acts.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jaime Morales v. City of Georgetown, Kentucky
Court of Appeals of Kentucky, 2023
Daley v. Kashmanian
344 Conn. 464 (Supreme Court of Connecticut, 2022)
Borelli v. Renaldi
Supreme Court of Connecticut, 2021
Daley v. Kashmanian
193 Conn. App. 171 (Connecticut Appellate Court, 2019)
Texas Department of Public Safety v. Cordes
85 S.W.3d 342 (Court of Appeals of Texas, 2002)
Nisinzweig v. Kurien, No. Xo5 Cv 96 0150688 S (Aug. 21, 2001)
2001 Conn. Super. Ct. 11310 (Connecticut Superior Court, 2001)
Nunez v. Vpsi, Inc., No. Cv97 034 79 02 (Feb. 20, 2001)
2001 Conn. Super. Ct. 2744 (Connecticut Superior Court, 2001)
Sciuto v. State, No. Cv95 032 25 69 S (Dec. 23, 1999)
1999 Conn. Super. Ct. 16811 (Connecticut Superior Court, 1999)
Sturgeon v. Peart, No. Cv 99 0078917s (Jun. 30, 1999)
1999 Conn. Super. Ct. 6741 (Connecticut Superior Court, 1999)
MacMillen v. Town of Branford, No. 374004 (Mar. 30, 1998)
1998 Conn. Super. Ct. 3308 (Connecticut Superior Court, 1998)
Gagliardi v. Consiglio, No. Cv 95-0380916 (Sep. 16, 1997)
1997 Conn. Super. Ct. 8494 (Connecticut Superior Court, 1997)
Russo v. Borough of Naugatuck, No. Cv93 044462s (Jan. 31, 1997)
1997 Conn. Super. Ct. 125-Z (Connecticut Superior Court, 1997)
Woods v. Moody
933 S.W.2d 306 (Court of Appeals of Texas, 1996)
Hurdle v. City of Waterbury, No. 0123428 (Dec. 11, 1995)
1995 Conn. Super. Ct. 14591 (Connecticut Superior Court, 1995)
Speck v. Bowling
892 S.W.2d 309 (Court of Appeals of Kentucky, 1995)
Dutlinger v. Stashenko, No. Cv91 0115366s (Mar. 26, 1992)
1992 Conn. Super. Ct. 2723 (Connecticut Superior Court, 1992)
Lee v. Perez, No. Cv90 0108394 S (Jun. 20, 1991)
1991 Conn. Super. Ct. 5656 (Connecticut Superior Court, 1991)
Borchetta v. Brown
580 A.2d 1007 (Connecticut Superior Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
579 A.2d 601, 41 Conn. Super. Ct. 402, 41 Conn. Supp. 402, 1989 Conn. Super. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/letowt-v-city-of-norwalk-connsuperct-1989.