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LUSSIER v. DEPARTMENT OF TRANSPORTATION

(14698)

228 Conn. 343 (1994)

PAUL B. LUSSIER, JR., ADMINISTRATOR (ESTATE OF GAYE D. LUSSIER) v. DEPARTMENT OF TRANSPORTATION

Supreme Court of Connecticut.

Decision released January 25, 1994.

Attorney(s) appearing for the Case

Robert B. Keville, with whom were Thomas B. Wilson and, on the brief, Eugene K. Swain, for the appellant-appellee (plaintiff).

Michael P. Carey, with whom, on the brief, was Michael E. Driscoll, for the appellee-appellant (defendant).

PETERS, C. J., CALLAHAN, BERDON, KATZ and PALMER, Js.

KATZ, J.

This defective highway action poses two questions for the court: (1) whether a defect in the civil summons form listing the defendant as the state of Connecticut, department of transportation, deprives the court of subject matter jurisdiction when (a) the complaint caption identifies the defendant as the commissioner of transportation, (b) the commissioner of transportation is named as the party responsible for highway maintenance, (c) his office accepts...

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