DocketNumber: No. CV-93 34 34 61
Citation Numbers: 1994 Conn. Super. Ct. 10485
Judges: HODGSON, JUDGE.
Filed Date: 10/14/1994
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff filed this personal injury complaint against defendants John's Refuse Removal, Inc. and the Town of North Branford. The town's motion for summary judgment was granted by the court, Gray, J., on January 24, 1994. Because no memorandum of decision was issued, the movant takes the position that the town has not been held to be an immune party, as the plaintiff and the town claim.
The plaintiff and the town invoke General Statutes §
The Town raised two grounds in support of its motion for summary judgment as to the plaintiffs' claim. The first ground was that the actions complained of were discretionary actions of municipal employees for which the town is immune from liability pursuant to General Statutes §
Since both of the grounds asserted in support of the motion for summary judgment claimed immunity from liability, Judge Gray's ruling must necessarily be regarded as having found the town immune. As the law of the case, see Breen v. Phelps,
The motion to cite in the Town of North Branford is denied.
Beverly J. Hodgson Judge of the Superior Court