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A plaintiff who filed a negligence complaint against the Connecticut Department of Transportation was required to provide notice of the time, place and cause of the accident within 90 days.
Plaintiff Eric Boykin alleged that he was injured in the pedestrian cross walk within the intersection of East Main Street and Interstate 95 in Bridgeport. Boykin provided notice to the State of Connecticut and alleged that the state negligently “failed to place a pedestrian cross walk button at the intersection” and “failed to provide a safe pedestrian cross walk for pedestrians.” The state moved to dismiss and argued that plaintiff did not provide adequate notice to the commissioner of the Department of Transportation. Connecticut General Statutes §13a-144 provided, “No such action shall be brought except within two years from the date of such injury, nor unless notice of such injury and a general description of the same and of the cause thereof and of the time and place of its occurrence has been given in writing within ninety days.” The court rejected the state’s argument that Boykin’s notice was insufficient, because the accident could have taken place anywhere on the Interstate 95 entrance ramp. Boykin adequately described the location as the pedestrian cross walk within the intersection.
The court found that Boykin’s notice did not adequately describe the cause of the injury. As a result, it was not clear whether he fell in a pothole or collided with a motor vehicle or bicycle. It also was not clear whether the crosswalk button failed to work properly, perhaps because it was not wired properly, or whether the state Department of Transportation did not provide a crosswalk button. Boykin’s “claims that the State was negligent or that the cross walk was unsafe,” wrote the court, “are simply conclusions.” The court had to engage in conjecture to determine precisely what Boykin claimed the state failed to do. Although Boykin’s complaint provided more detailed information about the state’s alleged negligence, the complaint was filed almost 11 months after the subject accident. Boykin was required to provide notice within 90 days. The court concluded that Boykin’s notice “failed to state the cause of the injuries alleged and thus failed to meet the minimal requirements of §13a-144.” Motion granted.
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: CT Law Tribune
