Recent News
Municipal Employee's Immunity |
The Connecticut Supreme Court recently handed down a ruling in a case of first impression holding that the common law identifiable person/imminent harm exception applicable to a municipal employee's qualified immunity extends to the discretionary act immunity afforded to municipalities by Connecticut General Statutes Section 52-557 n(a)(2)(B). In Grady v. Town of Somers, SC 18208 (Dec. 22, 2009), the court held that the identifiable person/imminent harm exception now applies to an action brought directly against a municipality regardless of whether an individual employee or officer of the municipality is also named as a defendant. The Grady opinion, which will have a significant effect on future municipal liability litigation, also makes clear that an important consideration in determining whether a plaintiff is an "identifiable person" or a member of the "foreseeable class of victims" is whether the plaintiff was compelled to be present at the location where the injury occurred. Grady leaves undisturbed the requirement that the harm resulting in injury to the plaintiff be "imminent."
For further informatin regarding the impact of Grady, please contact us.
