Sec. 7-465. Assumption of liability for damage caused by employees or members of local emergency planning districts. Joint liability of municipalities in district department of health or regional plan - Connecticut Statutes

      Sec. 7-465. Assumption of liability for damage caused by employees or members of local emergency planning districts. Joint liability of municipalities in district department of health or regional planning agency. (a) Any town, city or borough, notwithstanding any inconsistent provision of law, general, special or local, shall pay on behalf of any employee of such municipality, except firemen covered under the provisions of section 7-308, and on behalf of any member from such municipality of a local emergency planning district, appointed pursuant to section 22a-601, all sums which such employee becomes obligated to pay by reason of the liability imposed upon such employee by law for damages awarded for infringement of any person's civil rights or for physical damages to person or property, except as set forth in this section, if the employee, at the time of the occurrence, accident, physical injury or damages complained of, was acting in the performance of his duties and within the scope of his employment, and if such occurrence, accident, physical injury or damage was not the result of any wilful or wanton act of such employee in the discharge of such duty. This section shall not apply to physical injury to a person caused by an employee to a fellow employee while both employees are engaged in the scope of their employment for such municipality if the employee suffering such injury or, in the case of his death, his dependent, has a right to benefits or compensation under chapter 568 by reason of such injury. If an employee or, in the case of his death, his dependent, has a right to benefits or compensation under chapter 568 by reason of injury or death caused by the negligence or wrong of a fellow employee while both employees are engaged in the scope of their employment for such municipality, such employee or, in the case of his death, his dependent, shall have no cause of action against such fellow employee to recover damages for such injury or death unless such wrong was wilful and malicious or the action is based on the fellow employee's negligence in the operation of a motor vehicle, as defined in section 14-1. This section shall not apply to libel or slander proceedings brought against any such employee and, in such cases, there is no assumption of liability by any town, city or borough. Any employee of such municipality, although excused from official duty at the time, for the purposes of this section shall be deemed to be acting in the discharge of duty when engaged in the immediate and actual performance of a public duty imposed by law. Such municipality may arrange for and maintain appropriate insurance or may elect to act as a self-insurer to maintain such protection. No action for personal physical injuries or damages to real or personal property shall be maintained against such municipality and employee jointly unless such action is commenced within two years after the cause of action therefor arose and written notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk of such municipality within six months after such cause of action has accrued. Governmental immunity shall not be a defense in any action brought under this section. In any such action the municipality and the employee may be represented by the same attorney if the municipality, at the time such attorney enters his appearance, files a statement with the court, which shall not become part of the pleadings or judgment file, that it will pay any final judgment rendered in such action against such employee. No mention of any kind shall be made of such statement by any counsel during the trial of such action. As used in this section, "employee" includes (1) a member of a town board of education and any teacher, including a student teacher doing practice teaching under the direction of such a teacher, or other person employed by such board, and (2) a member of the local emergency planning committee from such municipality appointed pursuant to section 22a-601. Nothing in this section shall be construed to abrogate the right of any person, board or commission which may accrue under section 10-235.

      (b) Each town, city or borough which has joined with other towns, cities or boroughs to form a district department of health, pursuant to chapter 368f, or a regional planning agency, pursuant to chapter 127, shall jointly assume the liability imposed upon any officer, agent or employee of such district department of health or such regional planning agency, acting in the performance of his duties and in the scope of his employment, under, and in the manner and in accordance with the procedures set forth in, subsection (a) of this section. Such joint assumption of liability shall be proportionately shared by the towns, cities and boroughs in such district or regional planning agency, on the same basis that the expenses of such district are shared as determined under section 19a-243, or such regional planning agency as determined under section 8-34a.

      (1957, P.A. 401, S. 1; 1959, P.A. 651, S. 1; 1961, P.A. 375; 1963, P.A. 97; February, 1965, P.A. 277; 1971, P.A. 226, S. 1; P.A. 73-610; P.A. 75-408, S. 3; P.A. 77-502, S. 1; P.A. 81-229, S. 2; P.A. 82-472, S. 20, 183; P.A. 85-521, S. 1; P.A. 89-212, S. 12; P.A. 03-278, S. 19.)

      History: 1959 act added qualifying word "physical" before "damages" and "injury," added exception for libel and slander and reduced time for filing notice from 6 months to 60 days; 1961 act incorporated provisions re case where injured person is an employee injured by fellow employee and restored notice period to 6 months; 1963 act removed waiting period of 30 days after notice to municipality before action could be commenced and deleted provision for notice to employee as well as to municipality; 1965 act added provisions concerning representation of municipality and employee by same attorney; 1971 act required that action must be brought within two years rather than one year and required that notice be written, effective October 1, 1971, and applicable to injuries first sustained on and after said date; P.A. 73-610 defined "employee" and protected rights of persons, boards and commissions under Sec. 10-235; P.A. 75-408 included awards for infringement of civil rights; P.A. 77-502 added Subsec. (b) re district departments of health; P.A. 81-229 amended Subsec. (b) to include regional planning agencies; P.A. 82-472 corrected a reference to regional planning agency; P.A. 85-521 amended Subsec. (a) to authorize a cause of action by an employee against a fellow employee based on the fellow employee's negligence in the operation of a motor vehicle; P.A. 89-212 amended Subsec. (a) to require assumption of liability for members of local emergency planning districts; P.A. 03-278 replaced "verdict" with "final judgment" and made technical changes in Subsec. (a), effective July 9, 2003.

      See Sec. 52-557n re liability of an employee, officer or agent of a political subdivision of the state.

      A complaint brought under this section should be in two counts, one alleging facts essential to legal liability of employee, and the other facts essential to legal liability of municipality under this section. 148 C. 27. Since interests of municipality and employee may be antagonistic, they should be represented by separate counsel. Id. Municipality may not be held liable unless employee himself becomes obligated to pay for damages. 151 C. 402. Plaintiff who was injured by negligence of fellow employee who had a right to workmen's compensation before 1961 amendment became effective was not barred from bringing a common law action against his fellow employee. 152 C. 42. Cited. 159 C. 509. Cited. 167 C. 464, 471. Municipal employee has no cause of action against a fellow municipal employee to recover damages for an injury caused by the act of such fellow employee while both are engaged within the scope of their employment if such injured employee is covered by workmen's compensation unless the act causing such injury was willful or malicious. 169 C. 630. Cited. Id. Cited. 173 C. 52; Id., 203. Cited. 178 C. 520. Cited. 187 C. 53; Id., 147. Cited. 189 C. 601. Statute does not cover infringement of civil rights cases where infringement by municipal employee is alleged to have occurred before effective date of statute covering such transactions. 190 C. 77. Cited. 191 C. 77. Cited. 204 C. 435. Cited. 209 C. 273. Cited. 218 C. 531. Cited. 219 C. 179. Cited. 221 C. 149; Id., 256; decision reconsidered and overruled, see 238 C. 653 et seq. Cited. 225 C. 177; Id., 217. Cited. 229 C. 716; Id., 829. Cited. 237 C. 501. Cited. 239 C. 708.

      Cited. 4 CA 216. Cited. 12 CA 538; judgment reversed, see 209 C. 273. Cited. 16 CA 213; Id., 803. Cited. 18 CA 515. Cited. 20 CA 439. Cited. 24 CA 592. Cited. 28 CA 272. Cited. 30 CA 594. Cited. 31 CA 235. Cited. 32 CA 373; judgment reversed, see 229 C. 829. Cited. 36 CA 601. Cited. 37 CA 62; judgment reversed, see 237 C. 501. Cited. 38 CA 546. Statute does not apply to plaintiff's allegations of breach of contract, nuisance and violation of state Constitution and various local statutes made directly against defendant borough. 53 CA 791. Although trial court improperly analyzed plaintiff's claims under Sec. 52-557n(a), which concerns claims brought directly against a municipality, rather than under the applicable municipal indemnification statute (Sec. 7-465), which provides that qualified municipal immunity does not apply to claims for indemnification for acts by municipal employees unless the acts are willful or wanton, she could not prevail on her claim that trial court improperly granted motion for a directed verdict because there is no recognized right to a claim for emotional distress resulting to a person from loss of a pet. 84 CA 395. Defendant's pleadings did meet standard for summary judgment. 87 CA 353. Court properly granted defendant's motion for summary judgment on the ground of municipal immunity because plaintiffs brought suit under this section without also suing a municipal employee or agent. Id.

      Cited. 19 CS 395. Cited. 21 CS 193. A broadside allegation of negligence on part of "agents and servants" of defendant, a town, was insufficient to bring an action within purview of statute. To make statute one of indemnification, applicable recovery must be had against specific employees of a town for specific acts covered by statute, and all statutory conditions, including notice, must be met. 22 CS 239. Plaintiff must allege and prove, as to both defendant employee and defendant municipality, due care or freedom from contributory negligence. 23 CS 130; Id., 133. Cited. Id., 152. Municipal employee is not relieved from consequences of his own negligence even though his employer may be exempt. Furthermore, he is not indemnified under this section unless complaint is drawn so as to invoke this section. Id., 158. Even if municipality is immune under this section from liability for negligence, it may be liable in nuisance. Id. Burden of alleging and proving contributory negligence remains with defendant employee as provided in section 52-114. Plaintiff not obliged to allege due care. Id., 228. Because interests of municipality and employee may be antagonistic, each should be represented by independent counsel. Id. Under former section notice to employee and municipality was condition precedent to bringing action against both. 25 CS 70. Where plaintiff brought action under this statute against local board of education to recover for injuries resulting from school bus accident, held action should have been brought under section 13a-149. Id., 305. Complaint under this statute should be in two counts: The first, alleging the facts essential to the legal liability of the employee and the second, the facts essential to the legal liability of the municipality under the statute. Id., 306. In action under former statute, it may appear that interests of municipality and its employee are antagonistic and therefore they should be represented by independent counsel. Id., 306, 307. To establish liability of municipality under this statute, plaintiff must prove compliance with requirements as to demand and notice. Id., 307. In count directed against municipality, it is necessary to allege the conduct of the employee was not willful or wanton. Id., 339. History discussed. 26 CS 83. Section 52-114, establishing presumption of due care on part of injured person, is applicable to suit against town and its employee under this section. 28 CS 506. This statute was not intended to enlarge the liability of the municipality for the acts or omissions of its employees in courses of action in which they would not formerly have been liable. Obligation of town employee, once established against him, shall be assumed by town. Employee against whom action is brought is indemnified by town if cause arose while he was performing his duties and within the scope of employment. 29 CS 74. Validation by legislature of a late notice held valid although section cited was incorrect. 31 CS 442. Legislative intent held to be to subject municipal employees and municipalities by way of indemnification for discretionary as well as ministerial acts performed within the scope of employment. Id. City not liable for nonfeasance of its police officers where the duty owed is to the public as a whole rather than to the plaintiff individually. 32 CS 258. Written notice of intent to sue municipality and of time and place where alleged damages occurred must be filed with clerk of municipalities within six months from date cause of action accrued. 33 CS 197. Cited. 39 CS 102. Cited. 41 CS 420; Id., 548. Cited. 42 CS 22. Town's liability is dependent on and derivative of finding of negligence on the part of municipal employee. 49 CS 15.

      Subsec. (a):

      Cited. 185 C. 616, 622, 623. Sec. 52-557n precludes joint action seeking damages against municipality and its officers under this section. 219 C. 179.

      Cited. 3 CA 343. Cited. 30 CA 742. Except for indemnification actions, statute does not permit separate cause of action to be brought against a town, and in this case, plaintiff could not prevail on grounds that town failed to give timely notice of intent to represent both the municipality and employee. 85 CA 383.