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Tort Law Appellate Court Opinion

by Agati, Taryn

 

AC45807 - Rodriguez v. Hartford ("The plaintiff, Carmen Rodriguez, as parent and next friend of her minor son, Christopher Rodriguez (Christopher), appeals from the summary judgment rendered in favor of the defendants, the city of Hartford (city) and Heather Dionne, the city forester, in this action to recover damages for injuries sustained by Christopher when a tree fell on him while he was playing at a basketball court located in a city park. On appeal, the plaintiff claims that the court erred by (1) denying her requests to amend her complaint and (2) concluding that her complaint did not set forth a claim of public nuisance and that no genuine issue of material fact existed as to whether her claims against the defendants were barred by governmental immunity. We conclude that the court properly rendered summary judgment as to the plaintiff's negligence claims but that the court erred in denying one of the plaintiff's requests to amend her complaint. We therefore affirm in part and reverse in part the judgment of the trial court.")