Cuozzo v. Orange

Plaintiff filed an amended revised complaint alleging that he suffered personal injury and damages that were caused by the negligence and carelessness of Defendant, the Town of Orange. Defendant filed a motion to dismiss, arguing that the trial court lacked subject matter jurisdiction over Plaintiff’s claim because Plaintiff failed to comply with the notice requirement of the municipal highway defect statute, Conn. Gen. Stat. 13a-149. The trial court agreed with Defendant and dismissed the complaint for lack of subject matter jurisdiction. Plaintiff appealed, claiming that because he did not assert his claim under section 13a-149, the trial court should not have found that Defendant could raise its jurisdiction argument regarding section 13a-149 in a motion to dismiss. The Appellate Court reversed on the ground that the facts in the record did not support a determination that Plaintiff’s claim fell within the ambit of section 13a-149. The Supreme Court affirmed, holding that because a factual dispute regarding jurisdiction remained unresolved at this stage of the proceedings, the Appellate Court properly reversed the trial court’s decision to dismiss Plaintiff’s action. View "Cuozzo v. Orange" on Justia Law