2011 Connecticut Code
Title 52 Civil Actions
Chapter 925 Statutory Rights of Action and Defenses
Sec. 52-556. Actions for injuries caused by motor vehicles owned by the state.

      Sec. 52-556. Actions for injuries caused by motor vehicles owned by the state. Any person injured in person or property through the negligence of any state official or employee when operating a motor vehicle owned and insured by the state against personal injuries or property damage shall have a right of action against the state to recover damages for such injury.

      (1949 Rev., S. 8297.)

      Cited. 143 C. 653. Cited. 144 C. 282. Cited. 185 C. 616. The legislature did not intend the statute to authorize an additional cause of action for state employees or their representatives who are eligible for workers' compensation. 189 C. 550. Cited. 239 C. 265. State's waiver of sovereign immunity pursuant to this section does not exempt the state from a reallocation of damages under Sec. 52-572h(g). 247 C. 256. Reiterated previous holdings that operation of motor vehicle encompasses both parking incidental to travel and movement where essential element is location of motor vehicle in travel lane. 287 C. 421. Section inapplicable where state not made a party to negligence action; court does not have authority to treat an action against a state employee as one against state. 297 C. 317. "Damages" does not include postjudgment interest, and state did not waive sovereign immunity with regard to postjudgment interest under Sec. 37-3b. Id., 798.

      Cited. 7 CA 196. Cited. 10 CA 22. Cited. 20 CA 619. To constitute cause of action under statute, injury must result from negligent operation of motor vehicle by state employee or official. 82 CA 459. As a matter of law, state employee was "operating a motor vehicle" within the meaning of this section based on facts where he left a state-owned truck running along side of the road so he could perform required maintenance. 84 CA 535. Allegation defendant was operating a state vehicle in course of employment is insufficient ground to invoke statute as defense to dismissal for lack of jurisdiction when state was not a named party and never formally notified by plaintiff of pending action. 92 CA 158.

      Cited. 15 CS 251. Statute abolishes defense of governmental immunity. 18 CS 36. Defendant's motion to expunge portion of complaint alleging truck owned by state was insured denied as statute gives right of recovery only where there is such insurance. 22 CS 212.

      Negligence of a state official or employee must be established by a fair preponderance of all the evidence to recover damages. 4 Conn. Cir. Ct. 116.

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