Cummings v. Dept. of Transportation

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CUMMINGS v. DEPARTMENT OF TRANSPORTATION—DISSENT
EVELEIGH, J., dissenting. As noted by the majority,
‘‘[i]n all material respects, the plaintiff’s complaint is
indistinguishable from the complaint filed against the
defendant in Stotler v. Dept. of Transportation, 313
Conn. , A.3d (2014), an opinion this court
has also decided today. In Stotler, [this court] held that
a claim identical to the one alleged in the present case
was barred by sovereign immunity because it did not
fall within the ambit of the defective highway statute.
Id., . The present case is controlled by our holding
and analysis in Stotler.’’ Likewise, the reasoning of my
dissent in the present case is identical to my dissent in
Stotler. Rather than repeat the dissenting opinion, I
reaffirm the analysis contained within my dissent in
Stotler and apply the same reasoning to this case. There-
fore, I respectfully dissent.