Argued
March 13, 2019.
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Appeal
from the Superior Court in the judicial district of New
London, where the court, Cole-Chu, J.
James
V. Sabatini, Newington, for the appellant (plaintiff).
Gary
Kaisen, New Haven, for the appellee (defendant).
DiPentima,
C.J., and Alvord and Conway, Js.
OPINION
CONWAY,
J.
Page 1159
[191
Conn.App. 171] The plaintiff, Megan Marvin, through her
mother and next friend, Carole Marvin, appeals from the
summary judgment rendered by the trial court in favor of the
defendant, the Board of Education of the Town of Colchester,
on the basis of governmental immunity. On appeal, the
plaintiff claims that the court improperly rendered summary
judgment because there remains a genuine issue of material
fact with respect to (1) whether the defendants inspection
and maintenance of a locker room floor constitutes a
ministerial duty for the purpose of governmental immunity,
and (2) whether the plaintiff was an identifiable person
subject to imminent harm, thus invoking the identifiable
person, imminent harm exception to governmental immunity. We
disagree and, accordingly, affirm the judgment of the trial
court.
[191
Conn.App. 172] The record, viewed in the light most favorable
to the nonmoving party, reveals the following facts and
procedural history. The plaintiff was a student at Bacon
Academy (school), the town of Colchesters public high
school, where she played on the schools varsity softball
team. On the evening of May 7, 2013, upon returning to the
school from an away softball game, the plaintiff slipped and
fell on a puddle of water in the womens locker room, causing
her to sustain injuries to her left knee.
On
April 29, 2015, the plaintiff commenced the present action
against the defendant. The complaint alleged, inter
alia,[1] one count of negligence against the
defendant pursuant to General Statutes § 52-557n (a) (1)
(A).[2] The crux of the plaintiffs negligence
claim was that the defendant, through its agents, failed to
adequately ...