Kozlowski v. Commissioner of Transportation

Opinion

KATZ, J.

The dispositive issue in this appeal is whether allegations made by the plaintiff, Lawrence Kozlowski, fall within the scope of General Statutes § lSa-144 1 (state highway defect statute) as involving a highway defect. The named defendant, 2 the commissioner of transportation, appeals from the trial court’s decision denying his motion to dismiss the plaintiffs complaint for lack of subject matter jurisdiction on the basis of sovereign immunity. 3 Specifically, the defen dant claims that the trial court improperly concluded that the plaintiffs complaint alleges a cognizable…