Brooks v. PowersAnnotate this Case
The Supreme Court reversed the judgment of the Appellate Court, which reversed the trial court’s grant of summary judgment to Defendants on the grounds that Plaintiff’s action was barred by governmental immunity as a matter of law.
Plaintiff, administratrix of the estate of Elsie White, brought this action against Defendants, constables in the town of Westbrook, alleging that Defendants’ negligence was the proximate cause of White’s accidental drowning. The trial court granted summary judgment to Defendants. In reversing, the Appellate Court concluded that there was a genuine issue of material fact as to whether Defendants’ conduct fell within the identifiable person, imminent harm exception to governmental immunity. The Supreme Court disagreed, holding that the Appellate Court erred in determining that a jury reasonably could find that White was an identifiable person subject to imminent harm for purposes of abrogating Defendants’ governmental immunity.