Court Denies State Indemnity in Campers' Wrongful Death Action
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Personal Injury Accident & Injury Wrongful Death Lawsuit & Dispute Litigation
Summary: Blog post about the liability of the state and a church in a case where two girls on a church-sponsored camping event were killed in an accident.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
Plaintiffs brought actions against the State seeking damages for wrongful death and personal injuries sustained by the campers while on a trip organized by the church. A severe thunder storm uprooted a tree which then fell on the camper’s tent, resulting in the death of two girls. The State filed a third-party complaint against the church for indemnity, i.e. an exemption from legal responsibility, and apportionment of liability pursuant to Conn. Gen. Stat. § 52-572h.
Third-party defendant church and defendant State filed a cross-motions for summary judgment of the State's third-party complaint against the church that claimed indemnity and apportionment of liability pursuant to Conn. Gen. Stat. § 52-572h arising out of the wrongful death and personal injury actions against the State brought by plaintiffs, campers and the estate of a deceased camper.
The court denied the motions, finding that questions of fact remained as to whether the church was negligent and whether any such negligence caused the campers' injuries. The court also ruled that an independent legal relationship existed between the church and the State, but that whether the church owed a duty to the State was a question of fact. The court held that the State's action was not barred by the statute of limitations provided by Conn. Gen. Stat. § 52-584 because permission granted by Conn. Gen. Stat. § 4-160 to the campers to sue the State did not imply that the State waived its sovereign immunity against statutes of limitations. The court also found that Conn. Gen. Stat. § 52-584 did not bar the State's apportionment claim because the claim was not a claim for damages. The court denied the church's motion for summary judgment and the State's cross-motion for summary judgment.
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: King v. State, 1995 Conn. Super. LEXIS 234 (Conn. Super. Ct. Jan. 26, 1995)
