A Connecticut Superior Court has held that the municipal highway defect statute does not apply to injuries that occur on a walkway between a school parking lot and elementary school.

The plaintiff was injured when she fell while walking from the parking area of an elementary school, alleging that her fall was due to an uneven part of the walkway. She sued the town and the board of education, alleging that both the town and school district violated CGS 13a-149, known as the highway defect act. Both defendants moved for summary judgment.

In their motion, the defendants noted that a grassy area separated the parking lot from the road, and that the walkway in question was 65 feet from the road. The walkway was located entirely within the premises of the elementary school and did not connect with a public road.

In ruling on behalf of the defendants, the court held that the plaintiff filed to alleged facts that showed she fell on a “road” within the meaning of CGS 13a-149. According to the decision, the walkway “is not in such proximity to a municipal highway so as to be considered in, upon, or near the traveled path for purposes of coming within the purview of Connecticut General Statutes 13a-149.”