Negligence Action Against State Employee Not Allowed by Statute

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State employee’s motion to dismiss the car accident victim’s negligence complaint was granted because Conn. Gen. Stat. § 52-556 only authorized a cause of action against the state. Thus, sovereign immunity barred the victim’s claim against the employee in his official capacity.

The plaintiff brings a one-count negligence action against the state of Connecticut and its employee, John Winegar, for personal injuries he sustained as a passenger in a motor vehicle operated by Winegard within the scope of his employment. Generally, the doctrine of sovereign insulates the state and its agents from liability in such actions. However, the Connecticut statute allows a plaintiff to sue the state for injuries incurred by the negligence of the state or its agents in the scope of employment. The court strictly construes such statutory permissions, so that the state’s sovereignty may be upheld and not narrowed or destroyed. In respect to the case at hand, the court found that the statute specifically allows “a right of action against the state to recover damages for such injury.” The court denied the motion brought against Winegar as an employee of the state, “because an action against state employees in their official capacities is, in effect, an action against the state.” In the case at hand, the state had expressly consented to be sued for negligence of any state official or employee. This is not synonymous with vicariously granting permission to sue a state employee in their individual and official capacity. The court concluded that any action brought must be against the state, but not the state employee.

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: Lewis v. State, 2012 Conn. Super. LEXIS 1476 (Conn. Super. Ct. 2012)