Dobie v. New Haven

Summary

The court held that the city's concession concerning the pretrial motion to dismiss did not resolve the separate posttrial motion because the trial record materially changed the factual basis for jurisdiction. It further held that the plaintiff's injuries resulted from an uncovered manhole, which is a highway defect, making the statutory highway-defect action his exclusive remedy and requiring compliance with its notice provision. Because the plaintiff failed to provide the required notice, the court affirmed the judgment reversing the jury verdict and directing dismissal.