2005 Connecticut Code - Sec. 4-148. Limitation on presentation of claim. Exception.

      Sec. 4-148. Limitation on presentation of claim. Exception. (a) Except as provided in subsection (b) of this section, no claim shall be presented under this chapter but within one year after it accrues. Claims for injury to person or damage to property shall be deemed to accrue on the date when the damage or injury is sustained or discovered or in the exercise of reasonable care should have been discovered, provided no claim shall be presented more than three years from the date of the act or event complained of.

      (b) The General Assembly may, by special act, authorize a person to present a claim to the Claims Commissioner after the time limitations set forth in subsection (a) of this section have expired if it deems such authorization to be just and equitable and makes an express finding that such authorization is supported by compelling equitable circumstances and would serve a public purpose. Such finding shall not be subject to review by the Superior Court.

      (c) No claim cognizable by the Claims Commissioner shall be presented against the state except under the provisions of this chapter. Except as provided in section 4-156, no claim once considered by the Claims Commissioner, by the General Assembly or in a judicial proceeding shall again be presented against the state in any manner.

      (1959, P.A. 685, S. 23; P.A. 75-605, S. 5, 27; P.A. 90-284, S. 3.)

      History: P.A. 75-605 replaced commission on claims with claims commissioner; P.A. 90-284 inserted new Subsec. (b) re the authority of the general assembly to permit a person to present a claim after the expiration of the time limitations of Subsec. (a), and relettered former Subsec. (b) as Subsec. (c).

      Cited. 186 C. 300, 301. Cited. 211 C. 199, 203, 205. Cited. 216 C. 85, 89-91. Cited. 240 C. 246.

      Cited. 36 CS 271, 274. Cited. 45 CS 136.

      Subsec. (a):

      Cited. 189 C. 550, 558. Cited. 211 C. 199, 201, 202, 204-206, 211, 214. Cited. 213 C. 13, 16-19. Cited. 216 C. 85, 91. Cited. 240 C. 246. Correct legal standard by which to evaluate timeliness of causes of action in negligence restated. Limitation period for actions in negligence begins to run on date when injury is first discovered or in exercise of reasonable care should have been discovered. 268 C. 723.

      Cited. 28 CA 175, 178.

      Cited. 36 CS 273, 274.

      Subsec. (b):

      Cited. 204 C. 17, 36. Cited. 211 C. 199, 211. Cited. 212 C. 415, 421. Cited. 240 C. 246.

      Subsec. (c):

      Cited. 240 C. 246.