The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Tort Law Supreme Court Opinions

by Roy, Christopher


SC19850 - Martinez v. New Haven ("The principal issue in this appeal is whether the trial court properly determined that the named plaintiff, Anthony Martinez, proved the imminent harm to identifiable persons exception to the defense of governmental immunity with respect to facial injuries that he sustained when other students engaged in horseplay by running with a pair of safety scissors in the auditorium of his school. The plaintiff commenced this action against the defendants, the city of New Haven (city), the Board of Education of the City of New Haven (board), and Garth Harries, the Superintendent of New Haven Public Schools, seeking damages for, inter alia, their negligent supervision of students pursuant to General Statutes § 52-557n (a). On appeal, the defendants claim, inter alia, that the trial court improperly held that the plaintiff satisfied the imminent harm to identifiable persons exception to governmental immunity, which this court recently clarified in Haynes v. Middletown, 314 Conn. 303, 101 A.3d 249 (2014). The plaintiff disagrees, and also claims, as an alternative ground for affirming the judgment of the trial court, that the defendants failed to plead governmental immunity as a special defense in the operative answer. We conclude that the plaintiff has failed to prove that the defendants’ conduct had subjected an identifiable person to imminent harm. We also conclude that the trial court implicitly granted the defendants’ request to amend their answer to plead governmental immunity as a special defense. Accordingly, we reverse in part the judgment of the trial court.")