Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)

Citation: Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Parent Document: Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-07-05
Original Source: https://www.courtlistener.com/opinion/7893244/gordon-v-bridgeport-housing-authority/ ↗

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It is also apparent that this plaintiff could not achieve a different outcome in this case even if the public duty doctrine was abrogated since the distinction between discretionary and ministerial acts would remain. See Petersen v. State, supra. The plaintiff clearly has not shown by any allegations in the challenged counts that any actions by the defendants were ministerial and has not established that any exception for discretionary acts applies. Therefore, even if the public duty doctrine were abolished, a finding that the defendants’ actions were discretionary and not ministerial would preclude liability of the defendants. Although it is true that the distinction between public/private duties and discretionary/ministerial acts often overlap, the plaintiff’s reasons for urging the abrogation of the public duty doctrine are unconvincing. As we said in Rogan v. Board of Trustees, 178 Conn. 579, 582, 424 A.2d 274 (1979), “ ‘[t]he question whether the principles of governmental immunity from suit and liability can best serve this and succeeding generations has become, by force of the long and firm establishment of these principles as precedent, a matter for legislative, not judicial, determination.’ ” *184II

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