Rivers v. City of New Britain
Rivers v. City of New Britain
Opinion of the Court
Opinion
Municipalities ordinarily have a duty of
care with respect to the maintenance of public sidewalks, and, under General Statutes § lSa-149,
The opinion of the Appellate Court sets forth the following relevant facts and procedural history. “The plaintiff claimed that she suffered serious injuries on January 7, 2003, when she slipped and fell on ice and snow that had accumulated on a public sidewalk in front of 185 Main Street in New Britain. The property abutting the sidewalk is state owned property, which is used as part of Central Connecticut State University (university). Portions of that state owned property are leased to private businesses. The university had a contract with Lawn Ranger, LLC, to provide snow removal, sanding and application of ice melting services at the
“The plaintiff commenced this action against the [city], pursuant to ... § 13a-149, and Stephen E. Korta [II, in his official capacity as] the commissioner of transportation, pursuant to General Statutes § 13a-144.
“The [city] filed an answer and a special defense. The special defense alleged that the [city] was not liable for the plaintiffs fall because it had adopted ordinance § 21-8. lc in January, 1996, in accordance with the provisions of § 7-163a. The language of the ordinance essentially mirrors the language of the statute. On January 30,2006, the [city] filed a motion for summary judgment on the basis of the facts alleged in its special defense. The plaintiff filed an objection, claiming that the statute did not apply under the circumstances of this case. The court heard argument and . . . grant[ed] the [city’s] motion.” Rivers v. New Britain, supra, 99 Conn. App. 494-95.
The plaintiff appealed to the Appellate Court from the judgment of the trial court, claiming that the trial
The Appellate Court agreed with the plaintiff that § 7-163a does not constitute a waiver of the state’s sovereign immunity and that the ordinance that the city had adopted did not effect such a waiver. The court reasoned, however, that “those conclusions [did] not warrant the ultimate conclusion that the provisions of § 7-163a do not apply in this case.” Id., 497-98. The court stated further that, “[i]n order to conclude that the provisions of § 7-163a do not apply, this court would have to read into those provisions an exception. We would have to determine that the shifting of liability does not occur if the owner of the land abutting the public sidewalk is the state of Connecticut. It is undisputed that no such language [can be] found in § 7-163a, and, therefore, we would have to add it by implication.” Id., 498. Although the plaintiff urged the Appellate Court “to do so, claiming that the legislative history [of] the statute supports such a result”; id.; the court rejected the plaintiffs invitation, concluding that, because the language of § 7-163a is plain and unambiguous and does not yield absurd or unworkable results, under General Statutes § l-2z,
In his dissent from the majority opinion of the Appellate Court, Judge Bishop first expressed his agreement with the majority that § 7-163a is “facially clear and unambiguous” and does not contain an implicit waiver of sovereign immunity. Id., 500 (Bishop, J., dissenting). He also agreed with the majority that the language of § 7-163a clearly reheves a municipality of liability and shifts it to the abutting landowner. Id., 501 (Bishop, J., dissenting). Judge Bishop also observed, however, that § 7-163a “has two principal facets: the shifting of liability and the responsibility for public safety.”
Judge Bishop therefore concluded that, because the statute is unworkable when the state is the abutting landowner, § l-2z does not bar the court from consulting the pertinent legislative history to determine whether the legislature intended to relieve the city of its duty of care and liability even when the abutting landowner is the state. Id., 500-501, 504 (Bishop, J., dissenting). Judge Bishop stated that, on the basis of the legislative history, it is “plain that the intent of the General Assembly in enacting § 7-163a was to permit a municipality to pass an ordinance to shift the burden of liability regarding snow and ice on municipal sidewalks from the municipalities’ taxpayers to abutting private property owners.” (Emphasis added.) Id., 504 (Bishop, J., dissenting). Accordingly, Judge Bishop concluded that, contrary to the determination of the trial court and the Appellate Court majority, the ordinance that the city had adopted in accordance with § 7-163a did not relieve it of liability for its alleged negligence in failing to remove the ice and snow from the sidewalk on which the plaintiff was injured. See id., 505 (Bishop, J., dissenting).
We conclude that § 7-163a does not waive the state’s sovereign immunity from liability or suit. Consequently, we further conclude that § 7-163a imposes no duty or liability on the state with respect to municipal sidewalks that abut state property. We also agree with Judge Bishop that, although the language of § 7-163a is facially plain and unambiguous, its application yields an unworkable result when, as in the present case, the state is the abutting landowner because, under that factual scenario, neither the municipality nor the state has a duty to clear the sidewalk of ice and snow. In light of this untenable result, and because the pertinent legislative history indicates that § 7-163awas intended to authorize the promulgation of municipal ordinances that shift the responsibility for the removal of ice and snow on public sidewalks to abutting private landowners, we conclude that § 7-163a does not relieve the municipality of its duty of care or liability with respect to the accumulation
As a preliminary matter, we set forth the applicable standard of review and the legal principles that govern our resolution of the plaintiffs claim. “Practice Book § 17-49 provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . The party moving for summary judgment has the burden of showing the absence of any genuine issue of material fact and that the party is, therefore, entitled to judgment as a matter of law. ... On appeal, we must determine whether the legal conclusions reached by the trial court are legally and logically correct and whether they find support in the facts set out in the memorandum of decision of the trial court. . . . Our review of the trial court’s decision to grant [a] defendant’s motion for summary judgment is plenary.” (Citations omitted; internal quotation marks omitted.) Cogan v. Chase Manhattan Auto Financial Corp., 276 Conn. 1, 6-7, 882 A.2d 597 (2005).
Whether § 7-163a relieves a municipality from liability for the presence of ice or snow on a public sidewalk when the state owns the land abutting the sidewalk presents a question of statutory interpretation over which our review is plenary. See, e.g., Windels v. Environmental Protection Commission, 284 Conn. 268, 294, 933 A.2d 256 (2007). “When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. ... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether
Finally, our construction of § 7-163a is guided “by the well settled principle that when the state waives sovereign immunity by statute a party attempting to sue under the legislative exception must come clearly within its provisions, because [statutes in derogation of sovereignty should be strictly construed in favor of the state, so that its sovereignty may be upheld and not narrowed or destroyed .... [When] there is any doubt about [the] meaning or intent [of a statute in derogation of sovereign immunity, it is] given the effect which makes the least rather than the most change in sovereign immunity. . . . The state’s sovereign right not to be sued may be waived by the legislature, provided clear intention to that effect is disclosed by the use of express terms or byforce of a necessary implication.” (Emphasis added; internal quotation marks omitted.) Dept. of Public Works v. ECAP Construction Co., 250 Conn. 553, 558-59, 737 A.2d 398 (1999). Furthermore, as this court previously has recognized, “[sovereign immunity is comprised of two concepts, immunity from liability and immunity from suit.” St. George v. Gordon, 264 Conn. 538, 550, 825 A.2d 90 (2003). “Legisla
We begin our analysis of the plaintiffs claim by expressing our agreement with the conclusion of the Appellate Court that § 7-163a does not constitute a waiver of the state’s sovereign immunity. Contrary to the assertion of the city, this conclusion is compelled by the fact that § 7-163a contains no language that expressly waives the state’s sovereign immunity when the state is the abutting landowner. See, e.g., Dept. of Public Works v. ECAP Construction Co., supra, 250 Conn. 558-59. Although it is true, as the city argues, that, on its face, § 7-163a applies to any “owner” of land abutting a public sidewalk and does not distinguish between private and public landowners, we will not read statutory language to effect a waiver of the state’s sovereign immunity unless the legislature has manifested that intent “clearly and unequivocally . . . .” Gordon v. H.N.S. Management Co., 272 Conn. 81, 105-106 n.28, 861 A.2d 1160 (2004). When the legislature intends to waive immunity from suit or liability, it expresses that intent by using explicit statutory language. See, e.g., General Statutes § 4-61 (a) (authorizing those who have entered into highway or public works contract with state to “bring an action against the state”); General Statutes § 5-141d (a) (requiring state to indemnify state officers or employees for financial losses resulting from certain legal claims); General Stat
We note, moreover, that even when a statute creates a duty or liability of general applicability, the legislature ordinarily uses language that expressly subjects the state to that duty or liability. See, e.g., General Statutes § 46a-51 (10) (including within definition of term “ ‘[e]mployer,’ ” for purposes of Connecticut Fair Employment Practices Act, “the state and all political subdivisions thereof’); General Statutes § 47a-l (f) (“ ‘[pjerson’ means an individual, corporation, limited liability company, the state or any political subdivision thereof’ for purposes of landlord and tenant law). Indeed, this court long has stated that, in the absence of express language indicating that a statutorily created duty applies to the state, the statutory provision will
Thus, in Gordon v. H.N.S. Management Co., supra, 272 Conn. 82-83,105, we concluded that the defendant, H.N.S. Management Company (H.N.S.), which operated buses owned by the state, was an arm of the state and, therefore, immune from liability for purposes of General Statutes §§ 14-29 (a)
Accordingly, under § l-2z, we are free to examine extratextual evidence of the meaning of a statute,
“There [is] some concern that there [will] be an added cost ... to the consumer. This is not so, at least in my opinion in that the [property owner pays] for this now under his [homeowner’s] policy . . . .” 24 H.R. Proc., Pt. 21,1981 Sess., pp. 7051-52, remarks of Repre
Even opponents of the bill expressed their understanding that the bill effected a change in the law that was targeted at private homeowners. See, e.g., 24 H.R. Proc., Pt. 19,1981 Sess., p. 6540, remarks of Representative Richard O. Belden (He opposed the bill on the ground that the legislature would be “telling the private property owner that he is now going to be responsible for plowing the sidewalk. Perhaps next year [the legislature will] make him responsible for his half of the road.”); id., pp. 6540-41, remarks of Representative Belden (“this is a horrendous bill and not in the interests of the private property owners in the [s]tate of Connecticut”); 24 H.R. Proc., Pt. 21,1981 Sess., p. 7054, remarks of Representative William H. Hofmeister (opposing bill because “the liability will fall onto the homeowner”); id., p. 7060, remarks of Representative Arthur A. Brouillet (opposing bill because shifting of liability “to the individual homeowners” likely will cause increase in homeowners’ “insurance rates”); id., p. 7063, remarks of Representative Gerald P. Crean, Jr. (“I totally disagree that this will not, in fact, cost the homeowners more money”).
The conclusion that the purpose of § 7-163a was to shift responsibility for snow and ice removal from municipalities to abutting private property owners is
In sum, an ordinance adopted in accordance with § 7-163a has a dual function: it reheves the municipality of the duty and liability with respect to the removal of snow and ice from public sidewalks, and it shifts that duty and liability to the abutting landowner. See, e.g., Dreher v. Joseph, 60 Conn. App. 257, 261-62, 759 A.2d 114 (2000) (observing that § 7-163a “not only permits a [municipality] to adopt an ordinance that requires abutting landowners to remove snow and ice on public sidewalks . . . but also empowers the [municipality] to shift liability to the abutting landowner for injuries caused by a violation of the ordinance”). When the state owns the land abutting the public sidewalk, however, it has no duty or liability with respect to the removal of snow and ice from the sidewalk. In such circumstances, therefore, neither the party ordinarily responsible for maintaining the sidewalk, that is, the municipality, nor the abutting landowner, namely, the state, would bear responsibility for clearing the sidewalk of snow and ice.
The judgment of the Appellate Court is reversed and the case is remanded to that court with direction to reverse the judgment of the trial court and to remand the case to the trial court for further proceedings according to law.
General Statutes § 13a-149 provides in relevant part: “Any person injured in person or property by means of a defective road or bridge may recover damages from the party bound to keep it in repair. No action for any such injury sustained on or after October 1,1982, shall be brought except within two years from the date of such injury. No action for any such injury shall be maintained against any town, city, corporation or borough, unless written notice of such injury and a general description of the same, and of the cause thereof and of the time and place of its occurrence, shall, within ninety days thereafter be given to a selectman or clerk of such town, or to the clerk of such city or borough, or to the secretary or treasurer of such corporation. ...”
General Statutes § 7-163aprovides: “(a) Any town, city, borough, consolidated town and city or consolidated town and borough may, by ordinance, adopt the provisions of this section.
“(b) Notwithstanding the provisions of section 13a-149 or any other general statute or special act, such town, city, borough, consolidated town and city or consolidated town and borough shall not be liable to any person injured in person or property caused by the presence of ice or snow on a public sidewalk unless such municipality is the owner or person in possession and control of land abutting such sidewalk, other than land used as a highway or street, provided such municipality shall be liable for its affirmative acts with respect to such sidewalk.
“(c) (1) The owner or person in possession and control of land abutting a public sidewalk shall have the same duty of care with respect to the presence of ice or snow on such sidewalk toward the portion of the sidewalk abutting his property as the municipality had prior to the effective date of any ordinance adopted pursuant to the provisions of this section and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury. (2) No action to recover damages for injury to the person or to property caused by the presence of ice or snow on a public sidewalk against a person who owns or is in possession and control of land abutting a public sidewalk shall be brought but within two years from the date when the injury is first sustained.”
“An abutting landowner, in the absence of statute or ordinance, ordinarily is under no duty to keep the public sidewalk in front of his property in a reasonably safe condition for travel.” Wilson v. New Haven, 213 Conn. 277, 280, 567 A.2d 829 (1989).
The plaintiff also named Stephen E. Korta II, the former commissioner of transportation, as a defendant. The trial court granted Korta’s motion to dismiss, and he no longer is a party to the case.
General Statutes § 13a-144 provides in relevant part: “Any person injured in person or property through the neglect or default of the state or any of its employees by means of any defective highway, bridge or sidewalk which it is the duty of the Commissioner of Transportation to keep in repair . . . may bring a civil action to recover damages sustained thereby against the commissioner in the Superior Court. No such action shall be brought except within two years from the date of such ir\jury, nor unless notice of such injury and a general description of the same and of the cause thereof and of the time and place of its occurrence has been given in writing within ninety days thereafter to the commissioner. . . .”
General Statutes § l-2z provides: “The meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.”
The Appellate Court noted that the plaintiff had argued “that a literal construction of the statute will create confusion and inconsistencies not intended by the legislature. [The plaintiff] also argue[d] that if her only recourse is to file a claim with the claims commissioner pursuant to General Statutes § 4-141 et seq., her claim could be denied, and she might never have a hearing on the merits. She would then be treated differently from an individual who fell on a public sidewalk that did not abut property owned by the state.” Rivers v. New Britain, supra, 99 Conn. App. 499. The Appellate Court concluded, however, that it was the role of the legislature, and not the court, to correct any perceived injustices resulting from the plain and unambiguous statutory language. Id.
With respect to the public safety component of § 7-163a, Judge Bishop stated: “That § 7-163a has a public safety purpose cannot reasonably be debated. In discussing ... § 13a-144, the state highway statute analogous to ... § 13a-149 regarding municipal roads and sidewalks, [the] Supreme Court [has] noted that although the statute does not make the state an insurer of the safety of travelers, it does impose on the state the duty of reasonable care to keep roads in a reasonably safe condition for a reasonably prudent traveler. Serrano v. Burns, 248 Conn. 419, 426, 727 A.2d 1276 (1999).” Rivers v. New Britain, supra, 99 Conn. App. 504 (Bishop, J., dissenting).
Judge Bishop also expressed doubt as to whether a plaintiff who is injured due to the accumulation of snow and ice on a sidewalk abutting state property has a viable claim with the claims commissioner under General Statutes § 4-141 et seq. See Rivers v. New Britain, supra, 99 Conn. App. 503 ([Bishop, J., dissenting). Specifically, Judge Bishop explained that, because the state has no common-law or statutory duty to maintain the sidewalk reasonably free of snow and ice, “it is not apparent . . . that the [claims] commissioner would or could honor such a claim in this instance.” Id.
General Statutes § 14-29 (a) provides in relevant part: “The commissioner shall not register any motor bus, taxicab, school bus, motor vehicle in livery service, student transportation vehicle or service bus and no person may operate or cause to be operated upon any public highway any such motor vehicle until the owner or lessee thereof has procured insurance or a bond satisfactory to the commissioner, which insurance or bond shall indemnify the insured against any legal liability for personal injury, the death of any person or property damage, which injury, death or damage may result from or have been caused by the use or operation of such motor vehicle described in the contract of insurance or such bond. . . .”
General Statutes § 38a-336 (a) provides in relevant part: “(2) Notwithstanding any provision of this section to the contrary, each automobile liability insurance policy issued or renewed on and after January 1, 1994, shall provide uninsured and underinsured motorist coverage with limits for bodily injury and death equal to those purchased to protect against loss resulting from the liability imposed by law unless any named insured requests in writing a lesser amount, but not less than the limits specified in subsection (a) of section 14-112. ...”
Imposing a duty on the state under § 7-163a would be tantamount to imposing liability on the state because the breach of that duty would give rise to liability. Indeed, this court expressly has acknowledged that a statute that imposes a duty on the state represents a waiver of the state’s sovereign immunity from liability with respect to a breach of that duty. See St. George v. Gordon, supra, 264 Conn. 550-51 (indicating that General Statutes § 5-141d, which imposes duty of indemnification on state, waives state’s sovereign immunity from liability); Martinez v. Dept. of Public Safety, supra, 263 Conn. 83 (construing General Statutes [Rev. to 2002] § 53-39a, which imposed duty of indemnification on state, as waiving state’s sovereign immunity from liability). In such circumstances, that is, when the state waives liability, “the plaintiff’s remedy for enforcement of his claim is with the claims commissioner [under § 4-141 et seq.].” Martinez v. Dept. of Public Safety, supra, 85. In the present case, however, because § 7-163a does not effect a waiver of the state’s sovereign immunity from liability, it cannot be construed as imposing a duty on the state any more than it can be construed as imposing liability on the state.
We note, in addition, that, although it may appear unnecessary for the legislature to have imposed both a duty of care and liability on the abutting landowner under § 7-163a, the reason for doing so derives from this court’s decision in Willoughby v. New Haven, 123 Conn. 446, 453-54, 197 A. 85
The Appellate Court majority did not expressly address Judge Bishop’s conclusion that applying § 7-163a to the facts of the present case leads to an unworkable result even though the key public safety component of the statute is defeated when, as in the present case, the state owns the land abutting the sidewalk. The Appellate Court majority did note, however, that any confusion, inconsistency or other perceived injustice that might result from the application of the literal language of § 7-163a should be addressed by the legislature and not remedied by the courts. Rivers v. New Britain, supra, 99 Conn. App. 499.
The dissent, quoting from this court’s recent opinion in Hummel v. Marten Transport, Ltd., 282 Conn. 477, 497, 923 A.2d 657 (2007), acknowledges that “[t]he meaning of ‘unworkable’ as used in § l-2z must be ascertained consistently with ‘the dictates of § l-2z just as we would if we were construing any other statute.’ ” As we expressly stated in Hummel, however, we discern the “commonly approved usage” of a word, as § 1-1 (a) requires, by resort to the dictionary definition of the term. Hummel v. Marten Transport, Ltd., supra, 498 (consulting dictionary for definition of term “text” in § l-2z). Contrary to the requirement of § 1-1 (a) and our long-standing practice of ascertaining the commonly approved meaning of a word by looking to its dictionary definition, the dissent purports to discern the meaning of “unworkable” for purposes of § l-2z by reviewing various cases in which this court has applied that term under its common-law authority. The dissent, however, provides no reason for deviating from our well established rule pursuant to which we ascertain the ordinary meaning of a term by consulting the dictionary, and we know of no such justification.
Although Webster’s Third New International Dictionary does not define the term “unworkable,” it does define the term “workable” as “capable of being put into successful operation . . . .” This would suggest that Webster’s Third New International Dictionary would define “unworkable” as not capable of being put into successful operation, which is similar to the definition of “unworkable” found in the American Heritage Dictionary.
The dissent asserts that our conclusion regarding the unworkability of § 7-163a is predicated in part on the fact that “some ir\jured persons might be left with what the majority considers to be an inadequate remedy.” The dissent further contends that our purported concern for the inadequacy of the remedy available under § 7-163a is unwarranted because a person who is injured on a public sidewalk that abuts state property may file a claim with the claims commissioner. With respect to the dissent’s first assertion, our resolution of the plaintiffs claim does not rely on the fact that a person injured on a public sidewalk abutting state property does not have an adequate remedy. As we have explained, our conclusion that the statute is unworkable is predicated on our determination that a primary purpose of the statute, that is, shifting the duty for removing snow and ice from public sidewalks away from municipalities and to abutting landowners, cannot be effectuated when the state owns the abutting property. With respect to the dissent’s second assertion, we disagree that a person who is injured on a sidewalk abutting state property has a viable claim with the claims commissioner under § 4-141 et seq. A landowner whose property abuts a public sidewalk has no common-law duty to remove snow and ice from the sidewalk; see, e.g., Wilson v. New Haven, 213 Conn. 277, 280, 567 A.2d 829 (1989); and, as the dissent acknowledges, § 7-163a does not impose such a duty on the state. Because the claims commissioner is authorized to approve claims only when equity and justice so warrant; see, e.g., General Statutes § 4-160 (a); we, like Judge Bishop, see no reason why the claims commissioner would or even could approve a claim against the state arising out of the state’s failure to discharge a duty that it does not have. See Rivers v. New Britain, supra, 99 Conn. App. 502-503 (Bishop, J., dissenting). In other words, despite the claims commissioner’s broad statutory discretion, we must presume that the commissioner will exercise that discretion in accordance with statutory requirements, and we discern no basis for the commissioner to make an award when, as in the present case, the state has no responsibility for removing snow and ice from a public sidewalk. Nevertheless, because § 7-163a is unworkable when the state is the abutting landowner in view of the fact that the public safety component of § 7-163a is thwarted, we need not rely on the lack of a viable remedy as a basis for concluding that § 7-163a is unworkable when the state is the abutting landowner.
The dissent contends that we have violated § l-2z by identifying public safety as a primary purpose of § 7-163a. Specifically, the dissent maintains that, under § l-2z, a statutory purpose can be gleaned only from extratextual sources, and, because § 7-163a is plain and unambiguous, § l-2z prohibits us from consulting any such sources. We categorically reject the dissent’s reading of § l-2z. In identifying the public safety purpose of § 7-163a, we have not considered any extratextual sources; that purpose, rather, is perfectly obvious from the statutory language itself, and there is nothing in § l-2z that prohibits us from ascertaining the purpose of § 7-163a, or any other statute, from its plain language. It is readily apparent that § 7-163a transfers the duty of snow and ice removal from the municipality to the abutting landowner so that the abutting landowner will be responsible for maintaining the sidewalk in a safe condition. Indeed, the dissent does not suggest any other possible purpose.
The dissent states that, “[bjecause there is no statute requiring sidewalks along all public highways within municipalities, the public would be no worse off with an uncleared sidewalk than with no sidewalk at all.” The dissent then asks, “[bjecause it is neither absurd nor unworkable to have no sidewalk at all, how can it be absurd or unworkable to have an uncleared one?” The answer to the dissent’s question is simple. When a municipality places a sidewalk next to a road, it invites pedestrians to use the sidewalk, and those pedestrians reasonably expect that the sidewalk, which has been constructed for their use, will be maintained in a reasonably safe condition. Pedestrians will use the sidewalk accordingly. The municipality extends no such invitation to pedestrian traffic when there is no sidewalk adjacent to the road, and pedestrians, therefore, have no reasonable expectation that
Dissenting Opinion
dissenting. I agree with two basic premises of the majority opinion. First, I agree that General Statutes § 7-163a (b) provides plainly and
I agree with the trial court and the Appellate Court majority that § 7-163a in no uncertain terms reheves the city of liability by virtue of enacting ordinance § 21-8.1c. Rivers v. New Britain, 99 Conn. App. 492, 497-98, 913 A.2d 1146 (2007). By enacting that ordinance, the city transferred its duty to clear the abutting sidewalk to the state. Because the doctrine of sovereign immunity shields the state, absent its consent, from liability and suit, the plaintiffs remedy hes with the claims commissioner or with an action against the contractor that provided the snow removal services on behalf of the state.
Because the statute is plain and unambiguous, the key to the majority’s approach in avoiding the apphcation of the plain language of the statute is the language in General Statutes § l-2z that authorizes the court, in ascertaining the meaning of the statute, to look beyond the plain language to the legislative history if the plain meaning of the text yields “unworkable results . . . .” The “unworkable [result]” yielded by application of the plain meaning of the text of the statute, according to the majority, is that the statute fails to provide for the public safety because it does not allocate a duty to clear the sidewalk when the abutting landowner is the state.
1 begin with two observations. First, the meaning of the term “unworkable” as used in § l-2z is itself a ques
The meaning of “unworkable” as used in § l-2z must be ascertained consistently with “the dictates of § l-2z just as we would if we were construing any other statute.” Hummel v. Marten Transport, Ltd,., 282 Conn. 477, 497, 923 A.2d 657 (2007). Because the statute does not define “unworkable,” and its meaning is not plain and unambiguous, it is appropriate to look to extratextual sources to determine its meaning. The legislative history does not reveal the meaning of “unworkable.” Although dictionary definitions of the term “unworkable” are pertinent, it is appropriate to look to our prior use of the term in order to discern its meaning in the statute because we have employed the term repeatedly in the context of statutory interpretation prior to the passage of § l-2z. Considine v. Waterbury, 279 Conn. 830, 844, 905 A.2d 70 (2006) (“the legislature is presumed to be aware of prior judicial decisions involving common-law rules” [internal quotation marks omitted]). My review of our case law reveals that we have employed the term “unworkability” in two primary senses, either to signify that an interpretation of a statute would yield an impracticable result or an absurd one.
The most common way in which we have used the term “unworkability” has been to mean “impracticabil
Again focusing on the concept of workability as impracticability, in State v. Cain, 223 Conn. 731, 733, 613 A.2d 804 (1992), we addressed the question of “whether a 911 emergency telephone call is a ‘statement’ within the meaning of Practice Book § 749 (2) [now Practice Book § 40-15 (2)].”
We applied the rule in the criminal context in State v. Ledbetter, 263 Conn. 1, 818 A.2d 1 (2003), in which we rejected the defendant’s contended interpretation of the meaning of the term “parent” as used in General Statutes § 46b-137 (a), which renders inadmissible a child’s confession to a police officer unless that confession was made in the presence of a parent. The defendant claimed that the term included “only a parent who has a sufficiently close relationship with his or her child to provide meaningful guidance to that child . . . .” State v. Ledbetter, supra, 11 n.19. We rejected that interpretation because it was not supported by the statutory
In State v. Brown, 242 Conn. 389, 390-93, 699 A.2d 943 (1997), the issue before us was whether the speedy trial provisions of General Statutes § 54-82m and Practice Book §§ 956B and 956C, now Practice Book §§ 43-39 and 43-40, required the dismissal of a criminal action against a defendant when the reason that the trial failed to commence within thirty days of the defendant’s speedy trial motion was because the defendant’s attorney was engaged in a trial in another case. We first looked to the language of § 54-82m, noting that it “requires that the rules adopted by the judges of the Superior Court, ‘to assure a speedy trial for any person charged with a criminal offense . . . shall provide that (1) in any case in which a plea of not guilty is entered . . . [and] when such defendant is incarcerated in a correctional institution of this state pending . . . trial . . . the trial of such defendant shall commence within eight months from the filing date of the information ... or from the date of arrest, whichever is later; and (2) if a defendant is not brought to trial within the time limit set forth in subdivision (1) and a trial is not commenced within thirty days of a motion for a speedy trial made by the defendant at any time after such time limit has passed, the information . . . shall be dismissed. Such rules shall include provisions to identify periods of delay caused by the action of the defendant, or the defendant’s inability to stand trial, to be excluded in computing the time limits set forth in subdivision (1).’ ” Id., 403, quoting General Statutes § 54-82m. We then noted that, although § 54-82m expressly authorizes
As a final illustration of the concept of impracticability, in State Water Commission v. Norwich, 141 Conn. 442, 107 A.2d 270 (1954), the question before us was whether a statute that empowered the water commission to enforce any of its orders issued to a municipality by bringing an action in the Superior Court, and also authorized the court subsequently to issue an “ ‘appropriate decree or process’ id., 443; included a grant of authority to the court, not only to enforce such orders, but also to modify an order to permit enforcement where the date of compliance already had passed. Id., 444. The court concluded that the statute did include such a grant of authority, reasoning that such a modifi
The second sense in which we have used the term “unworkable” is to mean “absurd.” In the cases relying on this sense of “unworkable,” we essentially have employed a reductio ad absurdum argument, illustrating that the proposed interpretation of a statute would yield a ridiculous result, and rejecting the interpretation on the premise that the legislature never would have intended such an absurd result. For example, in Pecora v. Zoning Commission, 145 Conn. 435, 144 A.2d 48 (1958), superseded by statute on other grounds as stated in Campion v. Board of Aldermen, 85 Conn. App. 820, 833-34, 859 A.2d 586 (2004), rev’d on other grounds, 278 Conn. 500, 899 A.2d 542 (2006), we considered whether the statutory provision that zoning regulations must “ ‘be made in accordance with a comprehensive plan and ... be designed to lessen congestion in the streets’ id., 440; barred a zoning commission from “changing a tract [of land] from a residence A to a commercial B-C zone, thereby authorizing its use for a regional shopping center.” Id., 437. We concluded that an interpretation barring the proposed change on the ground that there would be greater traffic flow would render the statute unworkable, because under that interpretation, “a residence area could seldom, if ever,
Applying this common-law background to the interpretation of the term “unworkable” in § l-2z, it is appropriate to define that term under our most commonly employed usage, as meaning impracticable, particularly since § l-2z includes absurdity as an independent basis for going beyond the plain language of a statute to consult extratextual sources. Nothing in the majority opinion persuades me that the interpretation of § 7-163a in accordance with the plain language of the statute— which reheves the city of liability even under the facts of the present case, where the abutting landowner is the state — renders the statute unworkable or impracticable.
The majority begins with a definition of “unworkable” that is essentially the same as that arrived at by a review of our case law. That is, relying solely on dictionary definitions, the majority defines the term as “ ‘not capable of being put into practice successfully’ ” or “ ‘not capable of being put into successful operation ....’” The majority’s application of the term, however, is not consistent with those definitions. Rather than demonstrating that the statute cannot be carried out, in any practicable way, pursuant to the plain statutory language, the majority relies chiefly on its concern that some sidewalks might not be cleared and that some injured persons might be left with what the majority considers to be an inadequate remedy. The majority concludes that the city’s authority to divest itself of liability, coupled with the state’s immunity from liability or suit, is inconsistent with the majority’s interpretation
It is important at this juncture to emphasize the purpose of the “unworkability” inquiry. The point of § 1-2z is that, unless the plain and unambiguous language of the statute yields unworkable or absurd results, extratextual sources may not be consulted in ascertaining the meaning of the statute. In order to arrive at its threshold conclusion, however, that the statute is rendered unworkable if interpreted in accordance with the plain language of the statute, a conclusion that would allow the court, under the strictures of § l-2z, to consult extratextual sources, the majority relies on an extratextual source, namely, what it presumes is the legislative purpose underlying the statute, to promote public safety. See Windels v. Environmental Protection Commission, 284 Conn. 268, 294-95, 933 A.2d 256 (2007) (“[w]hen a statute is not plain and unambiguous, we also look for interpretive guidance to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter” [emphasis added; internal quotation marks omitted]). In this case, in which the plain language expressly shifts liability from the town to abutting owners, without exception, the majority’s rationale, in effect, circumvents the purpose of § l-2z, which is to prohibit courts from considering extratextual sources in ascertaining the meaning of a statute until after the threshold inquiry, and only if that inquiry reveals that the language is not plain and unambiguous or that the
Although the outcome of this case should turn solely on the interpretation of the statute, and not on the remedy available to the plaintiff, I note that the office of the claims commissioner today performs a similar function to that performed by a petition to the king under English common law. We examined the genesis of the office of the claims commissioner in Miller v. Egan, 265 Conn. 301, 318, 828 A.2d 549 (2003). “The office of the claims commissioner was created by Public Acts 1959, No. 685. Prior to 1959, a claimant who sought to sue the state for monetary damages, in the absence of a statutory waiver by the state, had but one remedy— namely, to seek relief from the legislature, either in the form of a monetary award or permission to sue the state. See Conn. Joint Standing Committee Hearings, Appropriations, Pt. 3, 1959 Sess., pp. 919-20.” Miller v. Egan, supra, 318. Pursuant to General Statutes § 4-158 (a), the claims commissioner “may (1) order that a claim be denied or dismissed, (2) order immediate payment of a just claim in an amount not exceeding seven thousand five hundred dollars, (3) recommend to the General Assembly payment of a just claim in an amount exceeding seven thousand five hundred dollars, or (4) authorize a claimant to sue the state, as provided in [General Statutes §] 4-160.” It is worth emphasizing that, under § 4-160 (a), “[w]hen the Claims Commissioner deems it just and equitable, the Claims Commissioner may authorize suit against the state on any claim which, in the opinion of the Claims Commissioner, presents an issue of law or fact under which the state, were it a private person, could be liable.”
Finally, I note that the result of applying the plain language of § 7-163a to the facts of this case, namely, the fact that the plaintiff must rely on the discretion of the claims commissioner in obtaining relief, is a byproduct of the very nature of sovereign immunity: it leaves some people with a less than ideal remedy against the state. It is, however, a mistake to decide the present case on the basis of the plaintiffs access to a remedy. Nor is it proper for us to construe statutory language that is undesirable or even unwise contrary to its plain meaning in order to correct an apparent wrong, whether it be a deficiency in legislative policy or an instance of unfairness. If it can be said that a close reading of the statute results in unfairness to persons such as the plaintiff, it can also be said that the result of the majority’s interpretation will be unfair to the city in the present case. No one could reasonably contend that the city should have known, by a reading of § 7-163a, that it had a duty to clear the sidewalk in question. Not only did the plain language of the statute reheve the city of such a duty, but, in addition, the state had undertaken the duty of clearing the sidewalk by hiring a contractor. If the job was improperly done, the fault was the state’s, the city having no role in the process. Under the circumstances, it hardly seems fair that the city and its taxpayers are left holding the bag.
If the legislature has indeed failed to provide for a public safety need, the public must look to the legislature to remedy that omission, if it so chooses. Even
I turn now to the second issue on which I part from the majority opinion. Although the majority does find legislative history that it determines supports the conclusion that the legislature, in adopting Public Acts 1981, No. 81-340, now codified at § 7-163a, was concerned about shifting liability from the municipality to the private abutting owners, the legislative history does not support the majority’s interpretation because it is silent as to what happens when the abutting owner is the state. The legislative history is, at best, inconclusive. The majority makes much of references in the floor debate of the bill to “private landowner[s]”; 24 S. Proc., Pt. 10, 1981 Sess., p. 3247, remarks of Senator Eugene A. Skowronski; and “homeowners.” 24 H.R. Proc., Pt. 21, 1981 Sess., pp. 7051-52, remarks of Representative Alfred J. Onorato. Much of the debate, in fact, centered on whether the bill would impose a financial burden on homeowners. All that the legislative history reveals is what is already evident from the facts of the present case — that the legislature was not thinking about the
For the foregoing reasons, I respectfully dissent.
The majority agrees with the Appellate Court’s conclusion that § 7-163a is not explicit enough to constitute a waiver of sovereign immunity. Rivers v. New Britain, 99 Conn. App. 492, 497, 913 A.2d 1146 (2007). “There is, of course, a distinction between sovereign immunity from suit and sovereign immunity from liability. Legislative waiver of a state’s suit immunity merely establishes a remedy by which a claimant may enforce a valid claim against the state and subjects the state to the jurisdiction of the court. By waiving its immunity from liability, however, the state concedes responsibility for wrongs attributable to it and accepts liability in favor of a claimant.” (Internal quotation marks omitted.) Martinez v. Dept. of Public Safety, 263 Conn. 74, 79, 818 A.2d 758 (2003). In determining that § 7-163a does not constitute a waiver of the state’s sovereign immunity, neither the majority nor the Appellate Court discussed the distinction between immunity from suit and immunity from liability. I conclude that neither type of immunity was waived in the present case either by “the use of express terms or by force of anecessary implication.” (Internal quotation marks omitted.) Duguay v. Hopkins, 191 Conn. 222, 228, 464 A.2d 45 (1983).
It was undisputed that the state hired a contractor to provide snow removal services for the sidewalk abutting the state owned property, and that these services were provided one day prior to when the plaintiff was injured.
Although an earlier revision of the Practice Book, with a different numbering system, was applicable when this court decided State v. Cain, supra, 223 Conn. 733 n.1, the relevant language remains unchanged. For convenience, we refer to the current revision of the Practice Book.
It is not useful to engage in speculation, as the majority does, as to how the claims commissioner would exercise that discretion.
The majority contends that an uncleared sidewalk presents a greater issue of “unworkability” than a road that has no abutting sidewalk at all because the city has, by constructing the sidewalk, “invite[d]” pedestrians to use it. In deciding whether to use an uncleared public sidewalk, however, surely reasonable pedestrians will be governed by their perceptions of risk rather than their assumptions about responsibility.
Reference
- Full Case Name
- Jeanne Rivers v. City of New Britain Et Al.
- Cited By
- 48 cases
- Status
- Published