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9.05.2011

Howd & Ludorf, LLC Wins Summary Judgment For The Town Of Norfolk Based On Governmental Immunity

Howd & Ludorf, LLC attorney Olga Konferowicz recently won summary judgment in Litchfield Judicial District in a case where a senior citizen fell in a parking lot and was seriously injured.  The plaintiff claimed the parking lot at the senior center where he resided was not plowed and sanded after a storm ended the previous day.  Attorney Konferowicz raised the defense of governmental immunity, arguing that the duty to plow and sand was discretionary and that the plaintiff did not qualify for the identifiable victim/imminent harm exception to governmental immunity.  Judge John Danaher, III agreed, and in a 28 page comprehensive ruling, laid out the substantial Supreme Court precedent that the plowing and sanding of a parking lot is a discretionary act, absent a policy or directive that prescribes the specific manner in which the plowing/sanding should occur.  Judge Danaher also held that the identifiable victim exception to governmental immunity did not apply, both because the plaintiff was never specifically identified to a Town employee as being in imminent harm; and  because the seniors who lived at the complex were not a foreseeable class of persons subject to imminent harm, given that they were not statutorily mandated or otherwise required by law to live at the complex.

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