Kolaniak v. Board of Education
In Kolaniak v. Board of Education, 28 Conn. App. 277, 280-81, 610 A.2d 193 (1992), a student slipped and fell on an icy sidewalk at a public school.
The Court stated that because the board of education issued a bulletin stating that all maintenance workers had to keep the sidewalks clear of snow and ice, it could not prevail on its claim that the maintenance workers' failure to clear the sidewalks was a discretionary act.
In that case, the defendant asserted that "because the maintenance workers had the responsibility of deciding whether there was sufficient accumulation to begin clearing the walkways, they were performing a discretionary function, and that, therefore, the jury should have decided whether the doctrine of governmental immunity applied." Id., 281.
The Court concluded, however, that the determination as to when to clear the sidewalks "in accordance with a directive by the policymaking board of education" was not discretionary. Id.