July 2023 - Parks & Recreation - 28

LAW REVIEW
In the case of
Burzenski v. Town of
Branford, the Connecticut
state court
considered claims of
negligence and nuisance
liability under
state law following
a fall on a pickleball
court located in a
municipal park.
Concrete Bench Adjacent
to Pickleball Court
By James C. Kozlowski, J.D., Ph.D.
I
n response to the rising popularity of pickleball, park and recreation
agencies sometimes have responded to the increased public demand
for pickleball courts by converting and relining existing tennis courts.
In so doing, as illustrated by the case described herein, the configuration
of such converted tennis/pickleball courts may give rise to a potentially
hazardous condition and possible premises liability.
In the case of Burzenski v. Town of
Branford, 2022 Conn. Super. LEXIS
686 (6/22/2022), the state court
considered claims of negligence
and nuisance liability under state
law following a fall on a pickleball
court in a municipal park. In so doing,
the court also addressed the applicability
of general governmental
immunity for " discretionary functions. "
In addition to Connecticut,
subject to jurisdictional variations,
many states as well as the federal
28 Parks & Recreation | JULY 2 0 2 3
| PARK S ANDRECRE AT ION . OR G
government provide similar forms
of discretionary function immunity
against negligence liability.
Facts of the Case
The Defendant Town of Branford,
Connecticut (the Town) had
installed and oriented pickleball
courts at Foote Park. On September
9, 2017, Plaintiff John Burzenski
(Plaintiff)
was engaged in a
game of pickleball at Foote Park
in Branford, a public park owned,
operated and maintained by the
Defendant Town. While playing,
Plaintiff fell over a raised concrete
bench immediately adjacent to the
pickleball court, causing various
injuries. Plaintiff subsequently
sued the Town.
In response, on May 3, 2021, the
Town filed a motion for summary
judgment on Plaintiff's negligence
and nuisance claims. If granted,
summary judgment would effectively
dismiss
Plaintiff's
lawsuit
without further trial proceedings.
In so doing, the Town contended
applicable governmental immunity
under state law barred any liability
for negligence. In addition, the
Town claimed the alleged facts in
this case were insufficient to sustain
a claim of nuisance. In the alternative,
the Town raised assumption
of risk as a defense to alleged
liability for nuisance.
On September 14, 2021, Plaintiff
filed an objection to the Town's
summary judgment motion. On the

July 2023 - Parks & Recreation

Table of Contents for the Digital Edition of July 2023 - Parks & Recreation

July 2023 - Parks & Recreation - Intro
July 2023 - Parks & Recreation - Cover1
July 2023 - Parks & Recreation - Cover2
July 2023 - Parks & Recreation - 1
July 2023 - Parks & Recreation - 2
July 2023 - Parks & Recreation - 3
July 2023 - Parks & Recreation - 4
July 2023 - Parks & Recreation - 5
July 2023 - Parks & Recreation - 6
July 2023 - Parks & Recreation - 7
July 2023 - Parks & Recreation - 8
July 2023 - Parks & Recreation - 9
July 2023 - Parks & Recreation - 10
July 2023 - Parks & Recreation - 10a
July 2023 - Parks & Recreation - 10b
July 2023 - Parks & Recreation - 11
July 2023 - Parks & Recreation - 12
July 2023 - Parks & Recreation - 13
July 2023 - Parks & Recreation - 14
July 2023 - Parks & Recreation - 15
July 2023 - Parks & Recreation - 16
July 2023 - Parks & Recreation - 17
July 2023 - Parks & Recreation - 18
July 2023 - Parks & Recreation - 19
July 2023 - Parks & Recreation - 20
July 2023 - Parks & Recreation - 21
July 2023 - Parks & Recreation - 22
July 2023 - Parks & Recreation - 23
July 2023 - Parks & Recreation - 24
July 2023 - Parks & Recreation - 25
July 2023 - Parks & Recreation - 26
July 2023 - Parks & Recreation - 27
July 2023 - Parks & Recreation - 28
July 2023 - Parks & Recreation - 29
July 2023 - Parks & Recreation - 30
July 2023 - Parks & Recreation - 31
July 2023 - Parks & Recreation - 32
July 2023 - Parks & Recreation - 33
July 2023 - Parks & Recreation - 34
July 2023 - Parks & Recreation - 35
July 2023 - Parks & Recreation - 36
July 2023 - Parks & Recreation - 37
July 2023 - Parks & Recreation - 38
July 2023 - Parks & Recreation - 39
July 2023 - Parks & Recreation - 40
July 2023 - Parks & Recreation - 41
July 2023 - Parks & Recreation - 42
July 2023 - Parks & Recreation - 43
July 2023 - Parks & Recreation - 44
July 2023 - Parks & Recreation - 45
July 2023 - Parks & Recreation - 46
July 2023 - Parks & Recreation - 47
July 2023 - Parks & Recreation - 48
July 2023 - Parks & Recreation - 49
July 2023 - Parks & Recreation - 50
July 2023 - Parks & Recreation - 51
July 2023 - Parks & Recreation - 52
July 2023 - Parks & Recreation - 53
July 2023 - Parks & Recreation - 54
July 2023 - Parks & Recreation - 55
July 2023 - Parks & Recreation - 56
July 2023 - Parks & Recreation - Cover3
July 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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