Legal Opinion · Dissent

McDermott v. State

Connecticut Appellate Court

Decided August 20, 2013No. AC 34255Published

1DissentPellegrino, J.

I regret that I do not agree with the opinion of the majority, and respectfully, I feel compelled to file this dissent.

The critical facts, as set forth more fully in the majority’s opinion, are not in dispute. Employees of the Department of Transportation of the defendant, state of Connecticut, were in the process of removing a tree. At the beginning of the tree removal operation, the work crew marked off a work zone with traffic cones. One *88cone was located approximately eighty-five feet to the south of the tree, and the other cone was located approximately one hundred feet to the north of…

2Cases cited3 opinions

  1. Coburn v. Lenox Homes, Inc.Supreme Court of Connecticut · 1982
  2. Trzcinski v. RicheySupreme Court of Connecticut · 1983
  3. Hernandez v. DawsonConnecticut Appellate Court · 2008

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