Public-domain · open source
OpenJurist

263 Conn. 22

Spears v. Garcia

Supreme Court of Connecticut

Decided April 1, 2003

Supreme Court of Connecticut · decided 2003-04-01

Key passage — most relied on by later courts

“clearly and expressly abrogates the traditional common-law doctrine in this state that municipalities are immune from suit for torts committed by their employees and agents.”

quoted by 2 later decisions, including 175 Conn. App. 223 - Northrup v. Witkowski, 175 Conn. App. 613 - Washburne v. Town of Madison

Relies on State v. Courchesne · W & D Acquisition, LLC v. First Union National Bank

Good law ✅— No negative treatment on recordhow we know

Decided 2003-04-01

How this case has been cited

Cited by 143 later decisions — most recently August 2025 · most notably State v. Reynolds (2003), Chadha v. Charlotte Hungerford Hospital (2005)

4 district · 139 state decisions

1050200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

ZARELLA, J., with whom SULLIVAN, C. J.,

¶1joins, concurring. I agree with the majority that General Statutes § 52-557n (a) (1) “clearly and expressly abrogates the traditional common-law doctrine in this state that municipalities are immune from suit for torts committed by their employees and agents. . . . Therefore, the legislature has manifested its intention to abrogate governmental immunity under the statute.” (Citations omitted.) I also concur in the result.

¶2I write separately to note my agreement with the majority insofar as it has declined to extend further the purposive approach to statutory interpretation first announced in State v. Courchesne, 262 Conn. 537, 577-78, 816 A.2d 562 (2003). The purposive approach requires the statutory interpreter to consider all of the circumstances surrounding the enactment of the legislation in attempting to divine the legislative intent even when the language of the statute under interpretation is clear and unambiguous. See id., 566, 577.

¶3Specifically, I agree with the majority’s rejection of the defendants’ argument that the lack of any relevant legislative debate on § 52-557n (a) (1) suggests that the legislature did not intend to abrogate the common law. This seems to be a straightforward application of the commonsense notion that, when the legislature speaks “clearly and expressly,” there is no further requirement *39that the legislative history also affirmatively reflect that expressed intent. In short, I agree with the majority’s rejection of the theory that nothing means something. Finally, I would only note that, in light of the majority’s conclusion that the legislature has spoken “clearly and expressly,” even affirmative legislative history favoring the defendants’ interpretation should not change the result in this case. Cf. W & D Acquisitions, LLC v. First Union National Bank, 262 Conn. 704, 718, 817 A.2d 91 (2003) (Zarella, J., concurring).

¶4Accordingly, I concur.

/263/conn/22 · .json · Public domain