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The transportation company, the town, and the board of education could be held liable for the disabled student's injuries, as Connecticut law barred the sovereign immunity defense in a special education transportation case.

Plaintiff, Eytan Nisinzweig and his parents brought action for injury to Eytan’s brain and body. The injuries were sustained when in a bus accident with another vehicle. The vehicle was owned by the defendant bus company, and operated by the named defendant, Chaco C. Kurien, when he crossed over the center line and crashed head on into another vehicle. The plaintiff was a special education student being transported by school facilities provided by the Board of Education of the Town of Greenwich. The defendants claimed sovereign immunity, because the driver and vehicle were agents of the Connecticut Department of Education, and in the course of state business. The court declined this argument. The court did not find the negligent use of state property synonymous with ordinary negligent action resulting from an agent’s course of state business. “There is nothing in this file to indicate that the State of Connecticut controls the transportation of the plaintiff as a special education student” said the court. “The state has mandated transportation for special education student by regulation but that duty has been assigned to the local board of education.” At most, the parties were agents of the Greenwich municipality, which does not enjoy the sovereign immunity afforded to state governments.

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.

Source: Nisinzweig v. Kurien, 2001 Conn. Super. LEXIS 2380 (Conn. Super. Ct. August 21, 2001)