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Connecticut Special Acts 1996

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House Bill No. 5305

SPECIAL ACT NO. 96-2*

*(Vetoed April 30, 1996. Veto sustained June 24, 1996.)

AN ACT AUTHORIZING LILLIAN CALTABIANO TO BRING A CIVIL ACTION AGAINST THE COMMISSIONER OF TRANSPORTATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened: The written notice dated October 5, 1995, and filed with the Commissioner of Transportation concerning the injuries sustained by Lillian Caltabiano on June 4, 1995, is validated and declared sufficient to permit said Lillian Caltabiano to maintain and prosecute to final judgment an action against said commissioner, insofar only as said notice was not given within the time required by law. Said injuries resulted from a motor vehicle collision allegedly caused by a defective traffic control signal at the intersection of Broadbridge Avenue and Huntington Turnpike in the city of Bridgeport. Timely written notice of said injury and a general description of the same, and of the cause thereof and of the time and place of its occurrence, was given to the city of Bridgeport under the mistaken belief that the city of Bridgeport was responsible for the maintenance of the traffic control signal. The city of Bridgeport did not notify Lillian Caltabiano that the Commissioner of Transportation, not the city of Bridgeport, was responsible for the maintenance of the traffic control signal until the time period for giving notice of said injury to said commissioner pursuant to section 13a-144 of the general statutes had expired. The written notice given to the Commissioner of Transportation shall have the same force and effect as though the provisions of section 13a-144 of the general statutes concerning the time within which said notice is required to be given had been complied with and said commissioner shall be barred from setting up the failure to comply with the provisions of section 13a-144 of the general statutes concerning the time within which said notice is required to be given as a defense to said action and shall also be barred from denying that notice of said injury and a general description of the same and of the cause thereof and of the time and place of its occurrence had been given in writing within the time so required.

Vetoed April 30, 1996. Veto sustained June 24, 1996.

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