Northrup v. Witkowski

In this negligence action, the Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's grant of Defendants' motion for summary judgment, holding that Spitzer v. Waterbury, 154 A. 157 (Conn. 1931), must be overruled in light of modern case law governing the distinction between ministerial and discretionary duties.Plaintiffs brought this action against Defendants, the borough of Naugatuck (town) and several town officials, claiming that Defendants' negligence in maintaining and repairing the town's storm drains and drainage pipes caused the repeated flooding of Plaintiffs' residence. The trial court granted summary judgment for Defendants. The Appellate Court affirmed, concluding that the negligence claims was barred because, under recent cases clarifying Spitzer, Defendants were acting pursuant to a discretionary function subject to governmental immunity rather than a ministerial function. Plaintiffs appealed, asserting that the Appellate Court improperly failed to follow Spitzer. The Supreme Court affirmed, holding (1) Spitzer must be overruled in light of more modern case law and statutes governing the distinction between ministerial and discretionary duties; and (2) under more modern cases, the town's duty to maintain and repair its drainage system was discretionary and, therefore, subject to governmental immunity. View "Northrup v. Witkowski" on Justia Law