Cummings v. Dep’t of Transp.

Plaintiff brought a defective highway action under Conn. Gen. Stat. 13a-144 against the Department of Transportation alleging that he sustained severe injuries when a truck descending Avon Mountain along Route 44 experienced brake failure and collided with multiple vehicles, including Plaintiff’s. Defendant filed a motion to dismiss the action on the ground that Plaintiff failed to state a claim under section 13a-144, and therefore, the action was barred by sovereign immunity. Specifically, Defendant asserted that the allegations did not fall within the limited exception to the general rule barring design defect claims under the defective highway statute. The trial court denied the motion. The Appellate Court reversed, concluding that Plaintiff’s complaint failed to state a cause of action under section 13a-144. The Supreme Court affirmed, holding that Plaintiff’s claim was barred by sovereign immunity because it did not fall within the ambit of the defective highway statute. View "Cummings v. Dep’t of Transp." on Justia Law