After Hours Access to Municipal Swimming Pool Preempts Immunity
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Wrongful Death Accident & Injury Personal Injury Government State and Local
Summary: Blog about a case where governmental immunity protection was denied for a town after a minor died in a municipal swimming pool after hours.
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When a youth drowned in a municipal swimming pool, the city was not entitled to summary judgment based upon governmental immunity, under Conn. Gen. Stat. § 52-557n, because a genuine issue of material fact existed as to whether the acts by the city necessary to prohibit after hours access to the pool were ministerial or discretionary in nature.
After the decedent, a minor youth, drowned in an outdoor swimming pool, which was owned and operated by a city, during the overnight hours when the pool was closed, the administrators of the decedent's estate brought tortious claims against the city. The city was not entitled to summary judgment based upon governmental immunity, pursuant to Conn. Gen. Stat. § 52-557n, because a genuine issue of material fact existed as to whether the acts by the city necessary to prohibit after hours access to the pool were ministerial or discretionary in nature. City's motion for summary judgment denied, except as to an intentional spoliation of evidence count.
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Source: Embry v. City of Hartford, 2012 Conn. Super. LEXIS 2747 (Conn. Super. Ct. Sep 13, 2012)