Kumah v. Brown
Annotate this CaseThe vehicle Plaintiff was driving collided with a parked fire truck that was responding to an accident, and Plaintiff sustained serious physical injuries. Plaintiffs subsequently filed this action against the Town and others, alleging that the Town was negligent in that the fire truck and lane closures were inadequately marked and the positioning of the fire truck constituted a nuisance. The trial court granted the Town's motion to strike the negligence counts of the basis of governmental immunity. The court also granted the Town's motion to strike Plaintiffs' nuisance counts on the basis of Himmelstein v. Windsor and entered judgment in favor of the Town. The appellate court reversed in part, concluding that its decision in Himmelstein did not bar Plaintiffs' nuisance claims. The appellate court drew a distinction between the present case and Himmelstein, noting that the nuisance claim in Himmelstein was barred by the exclusivity provision of Conn. Gen. Stat. 13a-149. The Supreme Court affirmed, holding that Plaintiffs' nuisance claims here were clearly distinguishable from those asserted in Himmelstein, as in the instant case, Plaintiffs' nuisance counts did not fall within the scope of section 13a-149.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.