[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION
Here the defendant Commissioner of Transportation seeks to strike the third count of the complaint. He cites Cumba v.Ridgefield,177Conn.270 where a rotting tree limb over the highway was held not to be a defect in the highway. The plaintiff, however, cites Dean v. Sharon,72Conn.677 (1900) where rocks projected into the highway being deposited by water running along the highway was held to be a highway defect.
The complaint alleges a rock from a defective highway embankment fell upon the highway and caused the plaintiff's motorcycle to crash. CT Page 14158
The court in these circumstances denies the motion to strike.