Immunity Protects Town in Stepmother's Suit for Football Field Injury

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In the case of Cady v. Town of Tolland, a stepmother brought a personal injury suit against the Town of Tolland. In her claim, the stepmother alleged that while accompany her seven-year-old stepson to football practice, she tripped over a steel cable and was injured. The stepmother is suing for negligence. In law, negligence is the failure to use reasonable care, resulting in damage or injury to another. In order to succeed in this claim, the stepmother must prove that (1) the town owed a duty of care to the stepmother, (2) the town breached that duty and, (3) the breach of duty was a direct cause of the stepmother (4) real and compensable injury. The town moved for summary judgment, because negligence claims against the municipality were barred by governmental immunity, a protection for the government and its agents from negligence claims resulting in the course of its duties.

The court said that in order to overcome the town’s immunity claim, the stepmother had to demonstrate that the town’s act or failure to act did not involve discretion, or that one of the exceptions to such immunity applied. There was no policy is place that required the town to perform specific duties for the football field. There was not foreseeable harm that would have alerted the town to any potential cause for the stepmother’s injury. In fact, the stepmother was not even a foreseeable victim. She was not a participant of the town football program, and was thus not entitled to any special duty of care from the town. In respect to these findings, the court granted the town’s 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: Cady v. Town of Tolland, 2006 Conn. Super. LEXIS 3526 (Conn. Super. Ct. 2006)