DocketNumber: No. CV90 0106481 S
Citation Numbers: 1992 Conn. Super. Ct. 2635
Judges: RUSH, J. CT Page 2636
Filed Date: 3/23/1992
Status: Non-Precedential
Modified Date: 4/17/2021
"(a) He failed to carry out his duties with regards to maintenance and repair of the Town of Greenwich fire trucks.
(b) He failed to properly carry out his duties with regards to the repair and maintenance of the braking systems on the Town of Greenwich fire trucks.
(c) Failed to adequately supervise the repair and maintenance of the Greenwich fire trucks.
(d) Failed to cause proper inspection of the Town of Greenwich fire trucks.
(e) Failed to properly supervise, instruct and train Town of Greenwich firemen with regard to the operation of the Town of Greenwich fire trucks."
The defendant has moved to strike the Fifth Count of the complaint on the grounds that the allegations contained therein refer to discretionary public or governmental duties for which the defendant is immune from liability.
In the determination of a Motion to Strike, Court must construe the allegations of the complaint most favorably to the plaintiff but, notwithstanding this procedure, our courts, in certain situations, have approved the practice of deciding the issue of governmental immunity as a matter of law. See Gordon v. Bridgeport Housing Authority,
A municipal employee has a qualified immunity in the performance of a governmental duty but he may be liable if he misperforms ministerial acts as opposed as to discretionary acts. Evon v. Andrews,
RUSH, JUDGE