Driver's Injury By Falling Debris Meets Defective Highway Statute

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Defendant state transportation commissioner (commissioner) moved to dismiss plaintiff passenger's complaint for personal injuries and losses sustained as a result of boulders, rocks, and other debris striking an automobile in which he was riding.

The passenger sued defendant city and the commissioner for personal injury damages and losses allegedly sustained as a result of his automobile colliding with boulders, rocks, and other debris that fell from a rock ledge on the shoulder of a highway. The commissioner moved to dismiss the claims against him. The court held that the allegations set forth in the complaint clearly brought it within the provisions of the defective highway statute. The passenger's description of his injuries did not patently fail to meet the statutory requirements. As a result, the doctrine of sovereign immunity did not bar the action and the court had subject matter jurisdiction. Motion to dismiss denied.

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: Tyson v. Sullivan, 2001 Conn. Super. LEXIS 3019, 2001 WL 1356120 (Conn. Super. Ct. Oct. 22, 2001)