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June 2010 Archives

Procedural Pitfall in Governmental Immunity Cases

In Governmental Immunity cases, the Appellate Court set forth a new rule of procedure: In the reply to a special defense of governmental immunity, the plaintiff must now plead as a matter in avoidance that he is entitled to an exception to discretionary act immunity under General Statutes § 52-557n (a) (2) (B). Haynes v. Middletown, 122 Conn. App. 72 (2010).

Sewage Backup Into Home from City Main Is Not a Public Nuisance

General Statutes § 52-584, not § 52-577, is the applicable statute of limitations barring nuisance claims arising out of negligence. The plain language of § 52-584 makes it applicable to actions "to recover damages for injury to...real or personal property, caused by negligence...." Since the plaintiffs' claim for private nuisance in Sinotte v. Waterbury, 121 Conn. App. 420 (2010), was clearly predicated on negligence (the allegations of the negligence count were incorporated into the private nuisance count), the two and three year limitations in § 52-584 applied herein.

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