College Responsible Party in Camper's Personal Injury
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Personal Injury Other Education Lawsuit & Dispute Lawsuit
Summary: Blog post about the liability of a university for the injury of a camper who was injured on the school's campus.
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The plaintiff filed action for injuries suffered by her son who was hit by a vehicle driven by Alfred Dawson. Immediately before he was hit, the plaintiff’s son had existed a bus that was bringing children home from a day camp at Albertus Magnus College. The defendant driver and bus company, filed a cross motion to request that the college be added in as a responsible party. In doing so, the defendants hoped to further distribute their share of liability and damages to the plaintiff. Defendants in a personal injury case were allowed to cite in a college as a party defendant, for apportionment only, because it was not "immune from liability" simply because the statute of limitations had run against it.
Plaintiffs, an injured child and his mother, brought suit against defendants, a bus service and an individual, who filed in the trial court (Connecticut), a joint motion to cite in a college as a party defendant so that its liability would be taken into consideration when liability was apportioned pursuant to Conn. Gen. Stat. § 52-572h, regardless of the statute of limitations, Conn. Gen. Stat. § 52-577, having run with respect to the college.
The plaintiffs sought to recover damages for injuries suffered by the child who was hit by a car after he exited a bus that was bringing him home from a day camp at the college. The mother filed an objection to the defendants' motion to cite in the college arguing that it should be denied because the statute of limitations, Conn. Gen. Stat. § 52-577, had run against the college and the plaintiffs could not recover against it. The court held that the statute of limitations would not prevent the assertion of a claim seeking apportionment of fault, only, because it was not an action to recover damages. The court held that cases that permit the citing in of a party defendant for apportionment purposes only when the statute of limitations has run reflected the better rule that a passing of the statute of limitations does not make the party immune from liability. The plaintiff should not be allowed to recover more against the defendant in this action by a finding that the statute of limitations has run against the college than the plaintiff could recover if the college were a party for apportionment purposes. The court granted the defendants' joint motion to cite in a party defendant.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Douglas v. Dawson, 1995 Conn. Super. LEXIS 1831 (Conn. Super. Ct. Jun 16, 1995)