Borelli v. Renaldi

B
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        BORELLI v. RENALDI—SECOND CONCURRENCE

   D’AURIA, J., concurring. Although I join the majority
opinion in full, I agree in part with observations Justice
Ecker makes in part III of his dissenting opinion con-
cerning the identifiable victim-imminent harm excep-
tion to governmental immunity. Specifically, I am
skeptical that the doctrinal validity of this exception
can be based on whether a plaintiff ‘‘was compelled to
be at the location where the injury occurred . . . .’’
(Internal quotation marks omitted.) Strycharz v. Cady,

323 Conn. 548

, 576, 

148 A.3d 1011

(2016), overruled in
part on other grounds by Ventura v. East Haven, 

330 Conn. 613

, 

199 A.3d 1

(2019). The appropriate doctrinal
underpinnings and limits of this exception would be
useful to explore in a future case. I am satisfied, how-
ever, that the exception does not save the plaintiff’s
cause of action from defeat in this case.

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