Civetti v. Turner
Annotate this CaseThe trial court dismissed plaintiff Paul Civetti's negligence action against the Town of Isle La Motte and the Town Road Commissioner on grounds that: (1) because the Road Commissioner was an “appointed or elected municipal officer,” plaintiff was required by 24 V.S.A. section 901(a) to bring his action against the Town, rather than the Road Commissioner; and (2) the Town was, in turn, immune from suit based on municipal immunity. In his complaint, plaintiff alleged that: the Town has formally adopted road standards for its town roads; the Road Commissioner is responsible for assuring that the Town’s roads meet those standards; Main Street did not comply with those standards, including standards relating to the “width and shoulder”; the Road Commissioner knew or should have known that Main Street did not comply; and plaintiff was injured in a motor vehicle accident because of the non-compliant road. After review, the Vermont Supreme Court concluded that if the Road Commissioner was negligent in performing a ministerial function, the Town assumes the Road Commissioner’s place in defending the action and therefore may not assert municipal immunity from the claim pursuant to section 901(a) or § 901a, and that dismissal of this claim on the basis of qualified immunity was premature. Accordingly, the Court reversed and remanded for further proceedings.
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