Sena v. American Medical Response of Connecticut, Inc.
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The Supreme Court reversed the judgment of the trial court denying the City of Bridgeport's motion for summary judgment on Plaintiff's complaint that the City was negligent by failing to follow a local emergency service plan and permitting a highway defect to exist, namely, snow, holding that the City was immune for its actions pursuant to Conn. Gen. Stat. 28-13.
The trial court rejected the City's argument that this action was barred by common-law governmental immunity and that the City could not invoke the protections of section 28-13 immunity because a genuine issue of material fact existed as to whether the City was actively experiencing a civil preparedness emergency at the time of the death in this case. The Supreme Court reversed, holding (1) an appealable final judgment existed; and (2) there was no genuine issue of material fact with respect to the applicability of section 28-13, and therefore, the trial court should have granted summary judgment.
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