Connecticut

Cohen v. City of New York in Connecticut Law

How Cohen v. City of New York applies in Connecticut: state-specific rules, key cases, and bar exam notes for Torts.

State Approach

Connecticut recognizes the principles of governmental immunity and duty of care outlined in Cohen v. City of New York, balancing public policy considerations with the need to provide redress for wrongdoing. In Connecticut, exceptions to governmental immunity follow similar contours, allowing for tort claims where actionable negligence is demonstrated.

State Rule
In Connecticut, a public entity may be liable for negligence if the act leading to injury was not a discretionary function and fell within an exception to governmental immunity as defined in statutes and case law.
Significant State Cases

Miller v. United Technologies Corp.

The court held that public entities are shielded from liability for those decisions classified as discretionary in nature, affirming the principles established in Cohen.

Doe v. Taylor

This case held that governmental entities can be liable for failing to protect individuals from foreseeable harm, thus outlining a direct departure from absolute immunity.

Pritchard v. State

The court ruled that sovereign immunity does not apply when the state engages in a proprietary function for profit, further clarifying the bounds of governmental immunity.

Comparison to Federal Law

Connecticut's approach to governmental immunity and negligence claims mirrors federal standards to an extent; however, state statutes explicitly outline exceptions that are less developed at the federal level. Connecticut's jurisprudence tends to place significant emphasis on public policy reasons for maintaining the immunity doctrine while allowing certain narrow exceptions.

Bar Exam Note

Understanding governmental immunity and exceptions is crucial for the Connecticut bar exam, particularly in torts and negligence contexts where government entities are involved.

Practice Pointers
  • Be prepared to analyze whether a governmental action is discretionary or ministerial in nature.
  • Identify specific state statutes that outline exceptions to governmental immunity in negligence claims.
  • Practice applying the balancing test for public policy considerations as developed in Connecticut case law.

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