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Comba v. Town of Ridgefield
Citations: 177 Conn. 268; 413 A.2d 859; 1979 Conn. LEXIS 740
Court: Supreme Court of Connecticut; April 10, 1979; Connecticut; State Supreme Court
The case of Diane Comba et al. v. Town of Ridgefield et al. involves a claim for personal injuries sustained by Diane Comba when an overhanging tree limb fell on her father's vehicle while traveling on a public highway. The plaintiffs filed suit against the town and the state transportation commissioner, arguing that the decayed limb constituted a "defect" in the highway as per General Statutes 13a-149 and 13a-144, which hold municipalities and the state liable for injuries caused by defective roads. The court recognized that a defect may include any object that obstructs or hinders road use, as established in Hewison v. New Haven. However, the court clarified that not all hazards near the road qualify as defects; objects that pose danger independent of the highway, such as high-suspended items or trees far from the road, do not render the highway defective. The court upheld that the tree limb in question was indeed a defect due to its position and condition, leading to the appeal by the plaintiffs after demurrers were partially sustained against their complaint. In Dyer v. Danbury, the court addressed a case involving personal injuries from a tree limb overhanging a sidewalk, brought against the municipality. The defendants' demurrers were upheld, as the court determined that overhanging limbs do not constitute a 'defect' under the relevant statute and do not obstruct travel on the highway. The complaint did not claim that the limb obstructed or hindered travel; rather, it suggested that the rotted limb was a defect. The court clarified that a defective condition outside the roadway must pose a direct menace to travel and be amenable to reasonable remedial measures for liability to arise, which was not the case here. Additionally, the complaint included counts of negligence against the state regarding highway maintenance, which were dismissed under the doctrine of sovereign immunity. The court noted that this doctrine, long established in common law, can only be altered through legislative action. The plaintiffs argued for abolishing sovereign immunity, but the court reiterated its stance that the issue rests with the legislature, emphasizing that there are existing statutory provisions allowing claims against the state. Ultimately, the court found no error in sustaining the demurrers, with all judges concurring.