DocketNumber: No. 51 44 47
Citation Numbers: 1992 Conn. Super. Ct. 348
Judges: HURLEY, J.
Filed Date: 1/15/1992
Status: Non-Precedential
Modified Date: 7/5/2016
The City claims in its motion that the intersection of Bank Street and Ocean Avenue, where the accident occurred, are state roads, not city roads. The State of Connecticut admits that these two roads are state roads which the state is required to maintain and keep in repair in accordance with Connecticut General Statutes Section
The plaintiff claims that the court cannot grant the City's motion because the state has denied that it "controlled" the intersection of Bank Street and Ocean Avenue.
Where highway defects are concerned under the statutes, the party required to keep the road in repair is liable. Here there is no material issue of fact as to whose duty it was to keep the area in repair. It is clear that the State had that duty, not the City.
Regarding the third count, the claim of nuisance can only be against the party who has the duty to maintain the area and who has by a positive act created the nuisance. Since the evidence discloses no such positive acts by the City to create a nuisance, and since the City did not have a statutory duty to keep this area in repair, the claim of nuisance cannot lie against the City.
Accordingly, the Motion for Summary Judgment as to the second and third counts is hereby granted.
HURLEY, J. CT Page 349