Melanson v. West Hartford
In Melanson v. West Hartford, 61 Conn. App. 683, 689, 767 A.2d 764, cert. denied, 256 Conn. 904, 772 A.2d 595 (2001), the plaintiff, an injured police officer, argued that the failure of his employer, the West Hartford police department, to staff, train, manage and supervise employees adequately, despite warnings that its employees were at risk, gave rise to an inference that the employer intentionally created a dangerous condition that made the plaintiff's injuries substantially certain to occur.
In that case, the plaintiff was accidentally shot by a fellow officer while executing a search warrant. The Court upheld the trial court's granting of the defendant's motion to strike, which had the effect of rendering judgment in favor of the employer because the employer's failure to implement such training and safety programs did not provide a factual basis for a finding that the employer knew that the plaintiff's injury was substantially certain to occur. Id.
The Court concluded that the "failure to take affirmative remedial action, even if wrongful, does not demonstrate an affirmative intent to create a situation that causes personal injury." Id. & n.7.