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LACASSE v. BURNS

(13776), (13795)

214 Conn. 464 (1990)

FRANCES LACASSE ET AL. v. J. WILLIAM BURNS, COMMISSIONER OF TRANSPORTATION ZBIGNIEW KILIAN v. J. WILLIAM BURNS, COMMISSIONER OF TRANSPORTATION

Supreme Court of Connecticut.

Decision released April 3, 1990.

Attorney(s) appearing for the Case

Michael E. Grossmann, with whom, on the brief, was Timothy Brignole, for the appellants (plaintiffs in the first case).

Kenneth I. Friedman, with whom, on the brief, was Michael E. Wolf, for the appellant (plaintiff in the second case).

Louis B. Blumenfeld, for the appellee (defendant in both cases).

PETERS, C. J., HEALEY, SHEA, CALLAHAN and COVELLO, JS.

SHEA, J.

Each of these appeals presents the following questions: (1) May a plaintiff take advantage of the accidental failure of suit statute, General Statutes § 52-592,1 when seeking to bring an action for personal injuries allegedly caused by a defective highway maintained by the state? (2) Does a dismissal entered pursuant to Practice Book § 2512 constitute a failure "for

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