Smith v. Rudolph

The Supreme Court held that there is no right to a jury trial in an action brought under Conn. Gen. Stat. 52-556, which waives sovereign immunity for claims arising from a state employee’s negligent operation of a state owned motor vehicle.Plaintiff brought this action pursuant to section 52-556 against the Department of Transportation and claimed the action to the jury trial list. Defendant filed a motion to strike the case from the jury trial list, arguing that section 52-556 creates a new cause of action, unknown at common law, such that the plaintiff has no right to a jury trial. The trial court granted Defendant’s motion and struck the action from the jury trial list. After a trial to the court, the court rendered judgment for Plaintiff, awarding him damages. Plaintiff appealed, challenging the trial court’s determination that section 52-556 does not afford him the right to a jury trial. The Supreme Court affirmed, holding that there is no right to a jury trial for an action brought under section 52-556. View "Smith v. Rudolph" on Justia Law