HOWD & LUDORF, LLC WINS AT APPELLATE COURT IN PLAYGROUND INJURY SUIT
Howd & Ludorf, LLC partners Thomas R. Gerarde and Katherine E. Rule have successfully defended the Town of Cheshire in a playground injury suit. In Dimiceli v. Town of Cheshire ___ Conn. App. ___ (2016) the plaintiff was injured after a hard landing on an old style see-saw in a public playground. Plaintiff sued for negligent inspection and maintenance as well as failure to provide fall protection beneath the see-saw. Plaintiff also sued the Town for a failure to comply with Consumer Product Safety Commission Guidelines. Attorneys Rule and Gerarde raised governmental immunity as a defense arguing that inspection and maintenance responsibilities involve discretionary acts. Furthermore, they argued that Consumer Products Safety Commission guidelines are not mandatory, but are recommendations only. The trial court agreed, and granted summary judgment in favor of the Town. The Connecticut Appellate Court has now affirmed the decision of the trial court, so the judgment in favor of the Town stands.