Stotler v. Dep’t of Transp.

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Plaintiff, administratrix of the estate of the decedent, brought a defective highway action under Conn. Gen. Stat. 13a-144 against the Department of Transportation alleging that a truck lost control as it traveled down Avon Mountain along Route 44, resulting in the death of the decedent. Defendant filed a motion to dismiss the action on the ground that Plaintiff’s allegations were insufficient to state a claim under section 13a-144, claiming 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 Defendant’s motion. The Appellate Court reversed, concluding that Plaintiff failed to allege an actionable highway defect under section 13a-144. The Supreme Court affirmed, holding that the Appellate Court properly determined that Plaintiff’s complaint failed to state a claim under section 13a-144, as the plan of design providing for the steep downhill grade, together with the absence of tangible safety measures, as implemented, did not create an otherwise actionable highway defect as defined by case law. View "Stotler v. Dep’t of Transp." on Justia Law