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Tort Law Supreme Court Opinion

by Agati, Taryn


SC20753 - Adesokan v. Bloomfield ("We now take up the issue, left open by our recent decisions in Daley v. Kashmanian, 344 Conn. 464, 280 A.3d 68 (2022), and Borelli v. Renaldi, 336 Conn. 1, 243 A.3d 1064 (2020), of whether the special defense of governmental immunity for discretionary acts; see General Statutes § 52-557n (a) (2) (B); bars claims of negligence against drivers operating an "emergency vehicle" pursuant to the privileges provided by the emergency vehicle statute, General Statutes § 14-283. The plaintiff, Marline Adesokan, individually and on behalf of her two minor children, appeals from the judgment of the trial court in favor of the defendants, the town of Bloomfield (town), the Bloomfield Police Department, and one of its police officers, Jonathan W. Sykes. On appeal, the plaintiff claims that the trial court improperly granted the defendants' motion for summary judgment, in part because the court misapplied Borelli in determining that Sykes' "duty to drive with due regard for the safety of all persons and property" in accordance with § 14-283 (d) was discretionary in nature for purposes of governmental immunity under § 52-557n (a) (2) (B).We conclude that the defense of discretionary act immunity provided by § 52-557n (a) (2) (B) does not apply to claims arising from the manner in which an emergency vehicle is operated under the privileges provided by § 14-283. Accordingly, we reverse the judgment of the trial court.")