2005 Connecticut Code - Sec. 7-308. Assumption of liability for damages caused by firemen or volunteer ambulance members.

      Sec. 7-308. Assumption of liability for damages caused by firemen or volunteer ambulance members. (a) As used in this section, "municipality" shall have the meaning ascribed to it by section 7-314; "fire duties" means those duties the performance of which is defined in said section; "ambulance service" means "ambulance service" as defined in section 7-314b; and "volunteer ambulance member" means "active member of an organization certified as a volunteer ambulance service in accordance with section 19a-180" as defined in section 7-314b.

      (b) Each municipality of this state, notwithstanding any inconsistent provision of law, general, special or local, or any limitation contained in the provisions of any charter, shall pay on behalf of any paid or volunteer fireman or volunteer ambulance member of such municipality all sums which such fireman or volunteer ambulance member becomes obligated to pay by reason of liability imposed upon such fireman or volunteer ambulance member by law for damages to person or property, if the fireman or volunteer ambulance member, at the time of the occurrence, accident, injury or damages complained of, was performing fire or volunteer ambulance duties and if such occurrence, accident, injury or damage was not the result of any wilful or wanton act of such fireman or volunteer ambulance member in the discharge of such duties. This section shall not apply to damages to person caused by an employee to a fellow employee while both employees are engaged in the scope of their employment for such municipality if the employee suffering such damages or, in the case of his death, his dependent, has a right to benefits or compensation under chapter 568 by reason of such damages. If a fireman or, in the case of his death, his dependent, has a right to benefits or compensation under chapter 568 by reason of injury or death caused by the negligence or wrong of a fellow employee while both employees are engaged in the scope of their employment for such municipality, such fireman or, in the case of his death, his dependent, shall have no cause of action against such fellow employee to recover damages for such injury or death unless such wrong was wilful and malicious. Such municipality may arrange for and maintain appropriate insurance or may elect to act as a self-insurer to maintain such protection. No action or proceeding instituted pursuant to the provisions of this section shall be prosecuted or maintained against the municipality or fireman unless at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were presented to the clerk or corresponding officer of such municipality. No action for personal injuries or damages to real or personal property shall be maintained against such municipality and fireman unless such action is commenced within one year after the cause of action therefor arose and notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk or corresponding officer of such municipality and with the fireman within six months after such cause of action has accrued. No action for trespass shall lie against any fireman crossing or working upon lands of another to extinguish fire or for investigation thereof. No action for trespass shall lie against any volunteer ambulance member crossing or working upon lands of another while performing ambulance services. Governmental immunity shall not be a defense in any action brought under this section. In any such action the municipality and the fireman, or the municipality and the volunteer ambulance member, may be represented by the same attorney if the municipality, at the time such attorney enters his appearance, files a statement with the court, which shall not become part of the pleadings or judgment file, that it will pay any final judgment rendered in such action against such fireman or volunteer ambulance member. No mention of any kind shall be made of such statement by any counsel during the trial of such action.

      (1955, S. 266d; 1957, P.A. 401, S. 2; 1959, P.A. 446, S. 1; 1961, P.A. 355; February, 1965, P.A. 596; P.A. 98-108, S. 2; P.A. 03-278, S. 14.)

      History: 1959 act substituted reference to Sec. 7-314 for reference to Sec. 7-309 and defined "fire duties"; 1961 act added provisions re damages caused employee by fellow employee; 1965 act added provisions re representation of municipality and fireman by same attorney; P.A. 98-108 divided existing section into Subsecs. (a) and (b) and added provisions re volunteer ambulance members (Revisor's note: In Subsec. (a) the phrase "`fire duties' mean ..." was changed editorially by the Revisors to "`fire duties' means ..." for grammatical correctness); P.A. 03-278 replaced "verdict" with "final judgment" and made technical changes in Subsec. (b), effective July 9, 2003.

      Cited. 148 C. 27. Because reference in this section to an action by a "fireman" includes an action by that fireman's administratrix, trial court did not err in concluding that statute applied to bar the action. 187 C. 53 et seq. Section is capable of a reasonable interpretation; notwithstanding an inaccurate reference in it to a cause of action on the part of a deceased's "dependent" it is not unconstitutionally void for vagueness. Id. Section is not superseded by Sec. 31-293a which permits an action against a fellow employee for injuries arising out of the negligent operation of a motor vehicle. Id. Because the purpose of this section, which is to prevent double liability on the part of a municipality for the negligence of municipal firemen, bears a rational relationship to a legitimate governmental objective, it does not violate principles of equal protection. Id. Cited. 189 C. 550, 552. Cited. 196 C. 192, 200. Cited. 209 C. 273-278.

      Cited. 12 CA 538-540, 542, 544-547; judgment reversed, see 209 C. 273-278.

      To establish liability of municipality, plaintiff must allege and prove that conduct of employees was not wilful or wanton and that they were engaged in fire duties as defined in section 7-314. 23 CS 149. Necessity of allegation of presentation to municipality of demand is not satisfied by an allegation that required notice of injury was given municipality. Id. Cited. 22 CS 240; 23 CS 229. Cause of action against a fireman and a municipality is not limited to a living fireman but extends to his executor or administrator in case he dies. This section must be read in conjunction with section 52-599. 23 CS 321. Identity of unknown fireman can be ascertained for purpose of instituting action by invoking section 52-156 re depositions. 24 CS 452. Cited. 28 CS 507. Suit by firemen against another prohibited, when. 29 CS 420. Cited. 44 CS 230.