Donald Allegrini v. Town of Hamden et al. (2011)

ORDER

ORDER REGARDING:02/22/11 105.00 MOTION TO STRIKE

The foregoing, having been considered by the Court, is hereby:

ORDER:  GRANTED

The defendants' motion to strike counts one and two of the plaintiff's complaint is granted.  “In general, the exercise of duties involving inspection, maintenance and repair of hazards are considered discretionary acts entitled to governmental immunity ․ (defendants' acts discretionary in nature because what constitutes reasonable, proper or adequate inspection involves exercise of judgment) ․ (city's allegedly negligent design and maintenance of stairwell was discretionary because determinations of what is reasonable and proper under particular set of circumstances necessarily involve exercise of judgment) ․ A municipality necessarily makes discretionary policy decisions with respect to the timing, frequency, method and extent of inspections, maintenance and repairs.  Grignano v. City of Milford, 106 Conn.App. 648, 656 (2008) (citations omitted).   Plaintiff's complaint merely alleges that defendant failed generic common-law duties to inspect and remedy the aisles of the public library for obstacles such as the back pack over which the plaintiff allegedly tripped.   By contrast, in his brief in opposition to the defendant's motion to strike the plaintiff asserts that “[W]e don't know ․ if defendants had promulgated any rules or procedures pertaining to maintenance of the aisles and inspection of the aisles that would make such activity ministerial as opposed to discretionary.”   That is exactly the point that the defendants are raising:  the plaintiff has not pled the violation or existance of any such “guidelines or procedures,” as the plaintiff did, for example, in the case of Kumah v. Brown, 127 Conn.App. 254, 258 (2011).  “The actions of Lucas [as an agent of the town] were ministerial to the extent there exist prescribed standards, regulations, rules and/or procedures requiring that town firefighters and other municipal officials perform their duties in securing a traffic accident scene in a prescribed manner without the exercise of judgment or discretion.”  Id. As the complaint is pled, the court must grant the defendants' motion to strike counts one and two.   Plaintiff may plead over per Section 10–44 of the Practice Book.

Judge:  MATTHEW E. FRECHETTE

Frechette, Matthew E., J.