Benedict v. Town of Norfolk, 296 Conn. 518

Summary

The Supreme Court of Connecticut held that the identifiable person, imminent harm exception to governmental immunity for discretionary acts may apply in an action brought directly against a municipality under General Statutes § 52-557n(a)(1)(A). The court reversed the trial court's judgment for the Town of Norfolk and remanded for further proceedings, without deciding whether the plaintiff's allegations ultimately satisfied the exception's requirements.

Holdings

1. The identifiable person, imminent harm exception to governmental immunity for discretionary acts applies to an action brought directly against a municipality under General Statutes § 52-557n(a)(1)(A), regardless of whether a municipal employee or officer is also named as a defendant.
2. The court declined to reconsider Violano v. Fernandez and retained the rule that an otherwise discretionary municipal act is ministerial only when a policy or rule limits discretion in carrying out the act.

Questions Presented

1. Whether the identifiable person, imminent harm exception to governmental immunity for discretionary acts applies in a negligence action brought directly against a municipality under General Statutes § 52-557n(a)(1)(A).

Disposition

reversed_and_remanded