Sovereign Immunity Fails in State Motorcycle Accident
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about the liability of the state due to a student who was injured riding a state owned motorcycle at a motorcycle training course.
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Plaintiff injured party appealed the judgment of the Superior Court, Judicial District of New London (Connecticut), dismissing the injured party's personal injury action against defendants, State of Connecticut and the State's employees.
The injured party enrolled in a motorcycle education course. The State allegedly conducted the course and owned, maintained, and insured the motorcycles used by the students. During a training session, the injured party noticed that her motorcycle had a loose brake and a throttle that was stuck in the open position. The injured party notified the instructors, who were the State's employees, and they failed to correct the problems. The injured party's motorcycle later crashed when the throttle opened and stuck in that position. The injured party brought suit pursuant to Conn. Gen. Stat. § 52-556. The trial court properly determined that the action could not be brought under § 52-556. The operator of the motor vehicle had to be a State employee to trigger § 52-556. The injured party was the operator of the motorcycle, not the State's employees. Negligent repair and control of the motorcycle by the State's employees did not constitute operation of a vehicle within the meaning of § 52-556. Caselaw established that there had to be movement of the motorcycle for operation to have occurred
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Source: Plante v. State, 82 Conn. App. 459, 844 A.2d 934, 2004 Conn. App. LEXIS 160 (Conn. App. Ct. 2004)
