Legal Opinion · Dissent

McIntosh v. Sullivan

Supreme Court of Connecticut

Decided July 5, 2005No. SC 17094Published

1DissentKatz, J.

The majority concludes that the doctrine of sovereign immunity bars the claim brought by the plaintiff, Adalbert H. McIntosh, Sr., against the defendant, James F. Sullivan, the commissioner of transportation (commissioner), under General Statutes § lSa-144,1 the defective highway statute, alleging that, while operating his automobile on an interstate highway that was situated dangerously close to a rock ledge, he suffered serious physical injury when rocks fell from the ledge onto his car. I disagree with the majority’s conclusion that the plaintiff cannot establish, under any circumstances,…

2Cases cited23 opinions

  1. Miller v. EganSupreme Court of Connecticut · 2003
  2. Hall v. BurnsSupreme Court of Connecticut · 1990
  3. Amore v. FrankelSupreme Court of Connecticut · 1994
  4. State v. HollidaySupreme Court of Connecticut · 1970
  5. Hewison v. City of New HavenSupreme Court of Connecticut · 1867

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