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12.07.2015

Howd & Ludorf wins Summary Judgment for Town of Stratford in Playground Negligence Case

   

Howd & Ludorf, LLC partner Katherine Rule recently won summaryjudgment in a case involving an 18 year old woman who suffered a leg injury after jumping off of a swing at a Town playground.  In Beeman v. Town of Stratford, Plaintiffclaimed that the Town was negligent for not having adequate fall protection andotherwise failing to maintain the Town playground.  Plaintiff landedin a small hole in the playground area, and asserted that the Town had violatedthe Consumer Product Safety commission Guidelines for Playgrounds, the Americans with Disabilities Act and  various negligencetheories.  Attorney Rule raised the defense of governmental immunity,arguing that the actions of the Town in inspecting and maintaining theplayground were discretionary and, therefore, that governmental immunityapplied.  Attorney Rule convinced the Court that the seemingly mandatoryprovisions of the Consumer Product Safety code were not binding on the Town,and that code has never been adopted in Connecticut, and thus was merelya set of recommendations.  The Court agreed and granted summary judgmentbased on governmental immunity.

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