General Assembly Raised Bill No. 1231
January Session, 2011 LCO No. 5134
*05134_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1231
January Session, 2011
LCO No. 5134
*05134_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING NOTICE OF AN ACTION REGARDING A DEFECTIVE HIGHWAY, BRIDGE, SIDEWALK, ROAD OR RAILING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 13a-144 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any person injured in person or property through the neglect or default of the state or any of its employees by means of any defective highway, bridge or sidewalk which it is the duty of the Commissioner of Transportation to keep in repair, or by reason of the lack of any railing or fence on the side of such bridge or part of such road which may be raised above the adjoining ground so as to be unsafe for travel or, in case of the death of any person by reason of any such neglect or default, the executor or administrator of such person, may bring a civil action to recover damages sustained thereby against the commissioner in the Superior Court. No such action shall be brought except within two years from the date of such injury, nor unless notice of such injury and a general description of [the same] such injury and of the cause [thereof] of such injury and of the time and place of its occurrence has been given in writing to the commissioner within [ninety] one hundred eighty days [thereafter to the commissioner] after the completion of a police investigation report concerning the cause of such injury, except that the conservator of an injured person or the executor or administrator of a deceased person may file such notice within one year after the completion of a police investigation report if such injury resulted in the death or cognitive impairment of the person. The requirement of notice specified in this subsection shall be deemed complied with if an action is commenced, by a writ and complaint setting forth the injury and a general description of the injury, the cause of the injury and the time and place of its occurrence within the time limit under this subsection for the giving of such notice.
(b) Such action shall be tried to the court or jury, and such portion of the amount of the judgment rendered therein as exceeds any amount paid to the plaintiff prior thereto under insurance liability policies held by the state shall, upon the filing with the Comptroller of a certified copy of such judgment, be paid by the state out of the appropriation for the commissioner for repair of highways; but no costs or judgment fee in any such action shall be taxed against the defendant. This section shall not be construed so as to relieve any contractor or other person, through whose neglect or default any such injury may have occurred, from liability to the state; and, upon payment by the Comptroller of any judgment rendered under the provisions of this section, the state shall be subrogated to the rights of such injured person to recover from any such contractor or other person an amount equal to the judgment it has so paid. The commissioner, with the approval of the Attorney General and the consent of the court before which any such action is pending, may make an offer of judgment in settlement of any such claim. The commissioner and the state shall not be liable in damages for injury to person or property when such injury occurred on any highway or part thereof abandoned by the state or on any portion of a highway not a state highway but connecting with or crossing a state highway, which portion is not within the traveled portion of such state highway. [The requirement of notice specified in this section shall be deemed complied with if an action is commenced, by a writ and complaint setting forth the injury and a general description of the same and of the cause thereof and of the time and place of its occurrence, within the time limited for the giving of such notice.]
Sec. 2. Section 13a-149 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
Any person injured in person or property by means of a defective road or bridge may recover damages from the party bound to keep it in repair. No action for any such injury sustained on or after October 1, 1982, shall be brought except within two years from the date of such injury. No action for any such injury shall be maintained against any town, city, corporation or borough, unless written notice of such injury and a general description of [the same] such injury, and of the cause [thereof] of such injury and of the time and place of its occurrence [, shall,] has been given within [ninety] one hundred eighty days [thereafter be given] after the completion of a police investigation report concerning the cause of such injury to a selectman or the clerk of such town, or to the clerk of such city or borough, or to the secretary or treasurer of such corporation, except that the conservator of an injured person or the executor or administrator of a deceased person may file such notice within one year after the completion of a police investigation report if such injury resulted in the death or cognitive impairment of the person. If the injury has been caused by a structure legally placed on such road by a railroad company, it, and not the party bound to keep the road in repair, shall be liable therefor. No notice given under the provisions of this section shall be held invalid or insufficient by reason of an inaccuracy in describing the injury or in stating the time, place or cause of its occurrence, if it appears that there was no intention to mislead or that such town, city, corporation or borough was not in fact misled thereby.
Sec. 3. Section 13a-152 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
Any person who suffers damage in his person or property by reason of the want of any railing or fence required by section 13a-111 may recover damages from the party required to erect and maintain the [same] railing or fence, but no action for damages for any such injury shall be maintained against any such party, unless written notice of such injury and a general description of [the same,] such injury and of the cause [thereof] of such injury and of the time and place of its occurrence [, shall,] has been given to such party within [ninety] one hundred eighty days [thereafter, be given to such party] after the completion of a police investigation report concerning the cause of such injury, except that the conservator of an injured person or the executor or administrator of a deceased person may file such notice within one year after the completion of a police investigation report if such injury resulted in the death or cognitive impairment of the person. No notice given under the provisions of this section shall be held invalid or insufficient by reason of an inaccuracy in describing the injury or in stating the time, place or cause of its occurrence if it appears that there was no intention to mislead or that such party was not misled thereby.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 13a-144
Sec. 2 October 1, 2011 13a-149
Sec. 3 October 1, 2011 13a-152
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
13a-144
Sec. 2
October 1, 2011
13a-149
Sec. 3
October 1, 2011
13a-152
Statement of Purpose:
To provide a person who is injured, or the conservator, executor or administrator of a person who dies or suffers cognitive impairment because of injuries, as a result of the failure to maintain a highway, bridge, sidewalk, road, railing or fence by the state or a town, city, corporation, borough or other party, more time to file notice of a claim pending a completed police investigation report in order to determine whether a cause of action exists.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]