Frances Lacasse v. J. William Burns

Summary

The Supreme Court of Connecticut held that plaintiffs suing the commissioner of transportation under the highway defect statute, General Statutes § 13a-144, may invoke the accidental failure of suit statute, § 52-592, because the state, having waived sovereign immunity and consented to be sued, is subject to generally applicable procedural statutes just like any other litigant. The court further held that a dismissal under Practice Book § 251 for failure to prosecute with reasonable diligence constitutes a failure 'for any matter of form,' and that delivery of process to a proper officer with service within fifteen days under § 52-593a 'commences' the new action within § 52-592's one-year savings period. Because all three questions were answered in the plaintiffs' favor, the trial court erred in granting the commissioner's motions to dismiss.