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Tort Law Supreme Court Opinion

by Mazur, Catherine

 

SC19871 - St. Pierre v. Plainfield (Negligence; "The issue raised in this appeal is whether municipal immunity is abrogated by either the proprietary function exception of General Statutes ยง 52-557n or the identifiable person, imminent harm exception. Specifically, we must decide whether there is municipal immunity when a town charges a nominal fee to a private group for reserved use of a public pool and an individual group member slips and falls on accumulated water in the vicinity of that pool. The plaintiff, David L. St. Pierre, appeals from the judgment rendered in favor of the named defendant, the town of Plainfield, after concluding that no exception to the defendant's general immunity applied. The plaintiff claims that the trial court improperly concluded that the defendant was immune from liability because (1) the defendant derived a special corporate profit or pecuniary benefit through its operation of the pool, or (2) the plaintiff constituted an identifiable person subject to imminent harm. We disagree with each of these claims and, accordingly, affirm the judgment of the trial court.")