Borelli v. Renaldi ( 2021 )

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BORELLI v. RENALDI—SECOND CONCURRENCE
D’AURIA, J., concurring. Although I join the majority
opinion in full, I agree in part with observations Justice
Ecker makes in part III of his dissenting opinion con-
cerning the identifiable victim-imminent harm excep-
tion to governmental immunity. Specifically, I am
skeptical that the doctrinal validity of this exception
can be based on whether a plaintiff ‘‘was compelled to
be at the location where the injury occurred . . . .’’
(Internal quotation marks omitted.) Strycharz v. Cady,
323 Conn. 548, 576, 148 A.3d 1011 (2016), overruled in
part on other grounds by Ventura v. East Haven, 330
Conn. 613, 199 A.3d 1 (2019). The appropriate doctrinal
underpinnings and limits of this exception would be
useful to explore in a future case. I am satisfied, how-
ever, that the exception does not save the plaintiff’s
cause of action from defeat in this case.