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Suing the Sovereign & Succeeding

Friday, October 3, 2008
9:00am - 1:00pm

Grassy Hill Country Club
441 Clark Lane
Orange, CT 06477
(203) 795-3100


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Agenda

Deconstructing the Governmental Immunity Defense
Angelo A. Ziotas, Esq., Silver Golub & Teitell LLP, Stamford
A complete primer on the defense of governmental immunity, including: defining ministerial v. discretionary duties; establishing the exception for identifiable persons (or class of persons) and "imminent harm"; defining proprietary v. governmental functions; and the other exceptions, including specific statutory bases, and acts of malice, wantonness and intent to injure; how to address and defeat the immunity defense in pleadings, discovery and at trial.

Hitting the Streets -- Highway, Street and Sidewalk Claims
Robert Sheldon, Esq., Tremont & Sheldon PC, Bridgeport
A comprehensive analysis of defective highway claims, including: investigating the defect; important tips for drafting and serving the notice of claim, and calculating the ninety day notice provided; defeating sole proximate cause; effectively emphasizing the state's/city's duty to keep the highway safe from defects; proving at trial the defect and notice of defect; defining the roadway - "in, upon or near the traveled path"; and sidewalk claims involving snow and ice, and shifting liability pursuant to § 7163a.

Municipal Liability Based on Employee Negligence
Identifying and proving a § 7-465 case based on a municipal employee's negligence; distinguishing between § 7-465 claims and highway defect claims; identifying the negligent employees; alleging § 52-557n as a separate cause of action; and tips on handling immunity defenses to § 7-465 claims.

Recent Development in Immunity Case Law -- An Overview of Recent Supreme and Appellate Court Cases
Cindy Robinson, Esq., Tremont & Sheldon PC, Bridgeport
Michael J. Walsh, Esq., Moukawsher & Walsh LLC, Hartford
A review of recent appellate case law involving issues related to governmental immunity, including: falls inside public schools; injury at public school recreational events; injuries at municipal golf courses; highway defects; falling tree cases; proprietary conduct cases; and recreational use immunity.

Obtaining Permission to Sue the State
Stephanie Roberge, Esq., Kennedy, Johnson, D'Elia & Gillooly LLC, New Haven
A primer on filing a notice of claim with the Claims Commissioner; a complete review of practices and procedures, and strategies for handling claims against the state.

This program is appropriate for both newly admitted and experienced attorneys.

Speakers

  • Cindy L. Robinson, Esq. (chairperson)
    Tremont & Sheldon, PC

  • Michael J. Walsh, Esq. (chairperson)
    Moukawsher & Walsh, LLC

  • Stephanie Z. Roberge, Esq.
    Kennedy Johnson D'Elia & Gillooly, LLC

  • Robert R. Sheldon, Esq.
    Tremont & Sheldon, PC

  • Angelo A. Ziotas, Esq.
    Silver Golub & Teitell, LLP

CLE Credit

This event awards 4.50 CLE credits.

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