Northrup v. Witkowski

210 A.3d 29, 332 Conn. 158
Supreme Court of Connecticut·Decided July 2, 2019·No. SC20023·Published·Cited by 20 cases

Opinions

ROBINSON, C.J.

**160This certified appeal requires us to consider the continued vitality of this court's decision in Spitzer v. Waterbury , 113 Conn. 84, 88, 154 A. 157 (1931), which held that "[t]he work of constructing drains and sewers, as well as that of keeping them in repair, is ministerial, and the municipality is responsible for negligence in its performance." The plaintiffs, Helen M. Northrup, George W. Northrup, and Timothy Northrup,1 brought this action against the defendants, the borough of Naugatuck (town) and several town officials,2 claiming, inter alia, that the defendants' negligence in maintaining and repairing the town's storm drains and drainage pipes had caused the repeated flooding of the plaintiffs' residence. The plaintiffs now appeal, upon our granting of their petition for certification, **1613 from the judgment of the Appellate Court affirming the trial court's granting of the defendant's motion for summary judgment on the ground that the negligence claims were barred because, under more recent cases refining and clarifying Spitzer , the maintenance of storm drains and drainage systems is a discretionary function subject to governmental immunity, rather than a ministerial function, the negligent performance of which can subject a municipality to liability. Northrup v. Witkowski , 175 Conn. App. 223, 250, 167 A.3d 443 (2017). We disagree with the plaintiffs' claim that the Appellate Court improperly failed to follow Spitzer because we conclude that decision must be overruled in light of modern case law governing the distinction between ministerial and discretionary duties. Accordingly, we affirm the judgment of the Appellate Court.

The opinion of the Appellate Court aptly sets forth the following facts and procedural history. "The plaintiffs reside on property located in the town at 61 Nettleton Avenue. On eight different occasions between 2009 and 2012, the plaintiff's property *33was damaged when surface rainwater and/or 'black water'4 inundated the property because the single catch basins in the area routinely became clogged or inadequately redirected water away from the property.

"After the first occurrence in July, 2009, Helen ... contacted [James] Stewart, who, at that time, was **162the [town] engineer. He told her that the flooding was the result of a rare storm and that it would not happen again. Despite his assurance, however, flooding occurred again in October and December of that year. The plaintiffs continued to contact Stewart, to no avail. The plaintiffs made several requests to the town for sandbags; one such request was granted, but others were denied or simply ignored.

"The town received a report in October, 2009, from an engineering firm about the Nettleton Avenue neighborhood. The report indicated that, over the past forty years, many residences in the neighborhood had experienced periodic flooding of their properties following periods of heavy rainfall. It further indicated that the drainage system in the area was likely to experience flooding after rainfalls of two inches or more, which could occur several times a year. The report attributed the flooding to the fact that runoff was required to flow through relatively narrow drainpipes that were in poor to fair condition and that the majority of catch basins in the area were old and had small openings that often became overgrown with vegetation or obstructed by trash. The report recommended that the town construct new, larger storm drains to handle the storm runoff in the area, but the town failed to adopt that proposal. The plaintiffs' property flooded again in July of 2010, March and August of 2011, and June and September of 2012." (Footnote in original.) Id., at 226-27, 167 A.3d 443.

On June 4, 2013, the plaintiffs filed the operative second amended complaint alleging negligence against Henry J. Witkowski, Stewart, and the town, and recklessness against the individual defendants. See footnote 2 of this opinion. In addition, the plaintiffs alleged negligent infliction of emotional distress against Witkowski, Stewart, and the town.

"On October 30, 2015, the defendants filed [a] motion for summary judgment .... The defendants submitted **163a supporting memorandum of law, attached to which were partial transcripts from the depositions of Helen ... and the individual defendants, as well as an affidavit by Stewart. The defendants argued that the negligence counts, including those alleging negligent infliction of emotional distress, were barred by governmental immunity because they involved acts or omissions that required the exercise of judgment or discretion, and no other recognized exception to governmental immunity applied. The defendants further argued that the recklessness counts brought against the individual defendants also failed as a matter of law because, on the basis of the allegations and evidence presented, no reasonable fact finder could determine that the individual defendants had engaged in demonstrably reckless conduct.

"The plaintiffs filed an objection to the motion for summary judgment on November 18, 2015, arguing with respect to the negligence counts that there remained genuine issues of material fact as to whether the defendants were exercising *34ministerial or discretionary duties and, if discretionary, whether the identifiable person-imminent harm exception to governmental immunity applied." Northrup v. Witkowski , supra, 175 Conn. App. at 228-29, 167 A.3d 443.

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

Northrup v. Witkowski, 210 A.3d 29, 332 Conn. 158 (Colo. 2019).

210 A.3d 29 (Northrup v. Witkowski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hohorst v. Easton
Connecticut Appellate Court, 2026
Carmon v. City of New Haven
D. Connecticut, 2025
Doe v. Fasold
234 Conn. App. 182 (Connecticut Appellate Court, 2025)
Ready v. New Canaan
232 Conn. App. 487 (Connecticut Appellate Court, 2025)
Pelc v. Southington Dental Associates, P.C.
232 Conn. App. 393 (Connecticut Appellate Court, 2025)
Wooding v. Hartford
D. Connecticut, 2024
Stoddard v. City of Hartford
D. Connecticut, 2024
Jackson v. New Haven
D. Connecticut, 2024
Horn v. New Haven
D. Connecticut, 2024
Daley v. Kashmanian
344 Conn. 464 (Supreme Court of Connecticut, 2022)
Doe v. New Haven
214 Conn. App. 553 (Connecticut Appellate Court, 2022)
Doe v. Board of Education
Connecticut Appellate Court, 2022
Buehler v. Newtown
206 Conn. App. 472 (Connecticut Appellate Court, 2021)
Costanzo v. Plainfield
200 Conn. App. 755 (Connecticut Appellate Court, 2020)
Borelli v. Renaldi
336 Conn. 1 (Supreme Court of Connecticut, 2020)
Costello & McCormack, P.C. v. Manero
194 Conn. App. 417 (Connecticut Appellate Court, 2019)
Daley v. Kashmanian
193 Conn. App. 171 (Connecticut Appellate Court, 2019)
Kusy v. Norwich
192 Conn. App. 171 (Connecticut Appellate Court, 2019)
Arey v. Warden
445 A.2d 916 (Supreme Court of Connecticut, 1982)