Supreme Court of Connecticut

Northrup v. Witkowski

July 2, 2019

Summary

The dissent would have reversed the summary judgment entered for the municipality and allowed the plaintiffs' negligence claims concerning repeated flooding to proceed. It concludes that the construction, maintenance, and repair of a municipal storm-water drainage system are ministerial functions, while only the system's design is discretionary and protected by municipal immunity. The dissent further reasons that the statutory codification of the ministerial-discretionary distinction did not silently eliminate the established liability rule. No separate opinion was provided.