ZARELLA, J.
These appeals
These appeals arise from the May 19, 2007 collision of two fire trucks from the city of Waterbury (city), namely, "Truck 1" and "Engine 12," which were being operated by firefighters employed by the city. Both trucks were among other fire rescue vehicles responding to a report of a kitchen fire on Eastern Avenue in Waterbury. Fischetti operated Engine 12 while John Keane rode in the front passenger seat. William Mahoney operated Truck 1. As the two trucks approached the intersection of East Aurora Street and the Route 73 connector to Route 8 in Waterbury, Truck 1 collided with Engine 12. As a result of this collision, John Keane suffered serious injuries that resulted in his death, and William Mahoney suffered nonfatal injuries. William Mahoney and the dependents of John Keane are eligible to receive and have received benefits under the Workers' Compensation Act, General Statutes § 31-275 et seq. William Mahoney and Monica Keane, however, brought separate actions, seeking additional damages.
On February 7, 2008, Monica Keane, individually and as administratrix of the estate of John Keane, filed an amended, four count complaint
The second case involves the same collision and the same parties, although some parties stand in different relation to each other in the second case than they did in the first case. On January 30, 2008, William Mahoney and Erin Mahoney filed a six count complaint against Fischetti, Monica Keane, as administratrix of the estate of John Keane, and the city, alleging, inter alia, that Fischetti and John Keane were negligent and that their negligence caused William Mahoney to sustain injuries.
The plaintiffs claim that the trial court improperly struck their respective complaints because the immunity provided to firefighters by § 7-308, on which the trial court relied, violates the equal protection clauses of the state and federal constitutions. In support of their arguments, the plaintiffs raise two separate claims of unconstitutional discrimination. First, the plaintiffs claim that § 7-308 discriminates against firefighters in favor of other municipal employees because it prevents firefighters who are eligible for workers' compensation benefits from bringing actions against other firefighters for negligence in the operation of a motor vehicle during the course of employment, whereas other municipal employees are not similarly prevented
We begin with well established standards of review regarding motions to strike and applicable equal protection principles. A motion to strike attacks the legal sufficiency of the allegations in a pleading. E.g., Fort Trumbull Conservancy, LLC v. Alves, 262 Conn. 480, 498, 815 A.2d 1188 (2003). In reviewing the sufficiency of the allegations in a complaint, courts are to assume the truth of the facts pleaded therein and to determine whether those facts establish a valid cause of action. See, e.g., Batte-Holmgren v. Commissioner of Public Health, 281 Conn. 277, 294, 914 A.2d 996 (2007). If the pleading fails to establish a valid cause of action, a court shall grant a motion to strike the offending claims. See, e.g., Fort Trumbull Conservancy, LLC v. Alves, supra, at 498, 815 A.2d 1188.
In the present appeals, the propriety of the trial court's rulings on the respective motions to strike hinges on the issue of whether the trial court properly concluded that § 7-308 did not violate the constitutional guarantee of equal protection under the law. A challenge to "[t]he constitutionality of a statute presents a question of law over which our review is plenary. . . . It [also] is well established that a validly enacted statute carries with it a strong presumption of constitutionality, [and that] those who challenge its constitutionality must sustain the heavy burden of proving its unconstitutionality beyond a reasonable doubt. . . . The court will indulge in every presumption in favor of the statute's constitutionality . . . . Therefore, [w]hen a question of constitutionality is raised, courts must approach it with caution, examine it with care, and sustain the legislation unless its invalidity is clear." (Internal quotation marks omitted.) Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 155, 957 A.2d 407 (2008).
The equal protection clause of the fourteenth amendment to the United States constitution provides: "No State shall . . . deny to any person within its jurisdiction the equal protection of the laws." U.S. Const., amend. XIV, § 1. Article first, § 20, of the constitution of Connecticut provides: "No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his civil or political rights because of religion, race, color, ancestry or national origin." The plaintiffs have not claimed that the state constitution affords any greater protection than the federal constitution in this context. Therefore, we proceed to analyze the claims under each constitution together, under the same standard. See, e.g., State v. Hedge, 297 Conn. 621, 629 n. 5, 1 A.3d 1051 (2010). To prevail on an equal protection claim, a plaintiff first must establish that the state is affording different treatment to similarly situated groups of individuals. See, e.g., Stuart v. Commissioner of Correction, 266 Conn. 596, 602, 834 A.2d 52 (2003). "[I]t is only after this
We turn first to the threshold issue of whether § 7-308 creates a classification between similarly situated groups of individuals. The plaintiffs claim that firefighters are similarly situated to other municipal employees. The defendants respond that the nature of the work performed by firefighters is different such that firefighters are not similarly situated to other municipal employees. For the purposes of our analysis, we assume, without deciding, that firefighters are similarly situated to other municipal employees. See Batte-Holmgren v. Commissioner of Public Health, supra, 281 Conn. at 295-96, 914 A.2d 996 (this court previously has assumed, in conducting equal protection analysis of challenged statute, that groups of persons are similarly situated).
The plaintiffs further claim that § 7-308 discriminates against firefighters in favor of other municipal employees insofar as it bars firefighters who are eligible to receive workers' compensation benefits from bringing actions against firefighters for negligence arising out of motor vehicle accidents occurring in the scope of employment because other municipal employees may bring such actions against coworkers. We agree with the plaintiffs that the statute discriminates in this fashion.
We begin our analysis of the classification drawn by the legislature with a brief overview of the relevant statutory background. State law provides that municipal employees, including firefighters, are generally barred from bringing negligence actions against their coworkers for injuries that occur during the course of employment.
We turn now to the issue of whether this classification survives scrutiny under the federal and state equal protection clauses. The plaintiffs claim that there is no rational purpose for singling out firefighters for different treatment as compared with other municipal employees because other municipal employees operate motor vehicles during the course of their employment and pose an equal, if not a greater, risk of accidents involving coworkers as firefighters. The defendants respond that this classification is rational because the reduction of municipal liability is a legitimate governmental objective and the legislature reasonably could have concluded that litigation arising from motor vehicle accidents between firefighters poses a greater risk to municipal liability than such litigation between other municipal employees. We agree with the defendants.
We begin with the standard of review. Legislative classifications that are not drawn along suspect lines and that do not burden fundamental rights are reviewed under the deferential rational basis standard. See, e.g., Contractor's Supply of Waterbury, LLC v. Commissioner of Environmental Protection, 283 Conn. 86, 93, 925 A.2d 1071 (2007). Under rational basis review, "the [e]qual [p]rotection [c]lause is satisfied [as] long as there is a plausible policy reason for the classification. . . the legislative facts on which the classification is apparently based rationally may have been considered to be true by the governmental decisionmaker . . . and the relationship of the classification to its goal is not so attenuated as to render the distinction arbitrary or irrational . . . ." (Citations omitted; internal quotation marks omitted.) Rayhall v. Akim Co., 263 Conn. 328, 342, 819 A.2d 803 (2003). "Further, the [e]qual [p]rotection [c]lause does not demand for purposes of rational-basis review that a legislature or governing decisionmaker actually articulate at any time the purpose or rationale supporting its classification . . . . [I]t is irrelevant whether the conceivable basis for the challenged distinction actually motivated the legislature." (Citation omitted; internal quotation marks omitted.) Contractor's Supply of Waterbury, LLC v. Commissioner of Environmental Protection, supra, at 93, 925 A.2d 1071. "[A] statutory classification that neither proceeds along suspect lines nor infringes fundamental constitutional rights must be upheld against an equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification." (Internal quotation marks omitted.) Harris v. Commissioner of Correction, 271 Conn. 808, 834, 860 A.2d 715 (2004). "To succeed, the party challenging the legislation must negative every conceivable basis which might support it . . . ." (Internal quotation marks omitted.) Contractor's Supply of Waterbury, LLC v. Commissioner of Environmental Protection, supra, at 93, 925 A.2d 1071.
The legislature, in pursuit of the legitimate governmental objective of reducing municipal liability, reasonably could have concluded that motor vehicle negligence actions between firefighters present a greater risk to municipal liability than such litigation between other municipal employees. See Keogh v. Bridgeport,
In support of the classification at issue, the defendants have offered several reasons why the legislature reasonably might have decided that motor vehicle negligence actions between firefighters present a greater risk of municipal liability than similar actions between other municipal employees. The defendants claim that negligence actions between firefighters are likely to be more frequent and more costly to municipalities because firefighters, unlike other municipal employees, typically respond to calls for service by operating unwieldy trucks in an emergency mode. This requires them to drive in excess of speed limits and in disregard of traffic control devices,
In addition to the defendants' claim that the classification in § 7-308 is rationally related to the legitimate governmental interest in reducing municipal liability, the defendants also claim that litigation between firefighters is more likely to reduce a municipality's ability to provide effective public safety services than litigation between other municipal employees because many municipalities rely heavily on volunteers to meet fire staffing needs, and
Although the plaintiffs have suggested that the factual validity of these justifications is debatable, the plaintiffs have not established that they are irrational or that the classification in § 7-308 is wholly unrelated to the legitimate governmental interest of limiting municipal liability. We conclude that the legislature reasonably could have relied on these facts in drawing the classification in § 7-308 and further conclude that this classification is reasonably related to the legitimate governmental interest of reducing municipal liability and fostering the provision of effective firefighting services. Although there may be other, perhaps even better, options available to the legislature to accomplish its legitimate objectives, rational basis review affords great deference to legislative choices and does not authorize this court to substitute its judgment, or that of the plaintiffs, for that of this state's elected representatives, as long as the classifications drawn by the legislature are reasonable. See Williamson v. Lee Optical of Oklahoma, Inc., supra, 348 U.S. at 488-89, 75 S.Ct. 461; Barton v. Ducci Electrical Contractors, Inc., supra, 248 Conn. at 818-19, 730 A.2d 1149; see also City Recycling, Inc. v. State, 257 Conn. 429, 453-54, 778 A.2d 77 (2001). We therefore conclude that the classification between firefighters and other municipal employees created by § 7-308 does not violate the federal or state equal protection clause.
In addition to their claim that § 7-308 discriminates against firefighters in favor of other municipal employees, the plaintiffs also argue that § 7-308 discriminates against firefighters in favor of private employees because private employees who are receiving or who are eligible to receive workers' compensation benefits are nevertheless permitted to bring motor vehicle negligence actions against coworkers whereas injured firefighters cannot bring such actions. See General Statutes § 31-293a. This court previously has rejected such a claim. Keogh v. Bridgeport, supra, 187 Conn. at 53, 444 A.2d 225. In Keogh, the plaintiff, Joan E. Keogh, as administratrix of the estate of a deceased Bridgeport firefighter, brought an action against another firefighter for negligence in the performance of his duties as a firefighter that resulted in the death of Keogh's decedent. Id., at 54-55, 444 A.2d 225. The trial court dismissed the action on the basis of the immunity provision in § 7-308. Id., at 55, 444 A.2d 225. On appeal, Keogh claimed, inter alia, that § 7-308 violated the equal protection clauses of the state and federal constitutions because it discriminated against firefighters as compared to private employees insofar as it prevented firefighters from bringing a negligence action against a coworker. Id., at 65-66, 444 A.2d 225. This court applied a rational basis review to the alleged discrimination against firefighters and concluded that the statute "prevent[ed] double liability of municipalities for the negligence of municipal firemen"; id., at 68, 444 A.2d 225; because it prevented a municipality, which is required to indemnify its firefighters from liability, from having to pay both workers' compensation benefits and damages to an injured firefighter or the estate of a deceased firefighter. Id., at 68-69, 444 A.2d 225. We further concluded that limiting governmental liability was a legitimate governmental objective and held that the statute did not violate the federal or state constitution. Id.
The plaintiffs assert, however, that the holding of Keogh is incorrect insofar as it relied on the notion that § 7-308 prevented "double liability" to the municipality. Id., at 68, 444 A.2d 225. The plaintiffs
Regardless of whether a municipality is subjected to double liability as a result of actions between firefighters over motor vehicle accidents, municipalities will undoubtedly be burdened with additional litigation costs and additional exposure to liability in defending such actions. Inasmuch as reduction of municipal liability is a legitimate legislative goal, we conclude that § 7-308 is a reasonable means by which to accomplish that goal. We therefore decline to disturb our holding in Keogh.
The plaintiffs have not advanced any other claims in support of their contention that the trial court improperly granted the defendants' motions to strike. In light of our conclusion that the prohibition on motor vehicle negligence actions between firefighters in § 7-308 does not violate the equal protection clause of the state or federal constitution, we conclude that the trial court properly granted the motions to strike the complaints in each case and properly rendered judgments in favor of the defendants.
The judgments are affirmed.
In this opinion the other justices concurred.