Premises Liability: Court grants defendant’s motion for summary judgment after finding that the accidental failure of suit statute is inapplicable to save the plaintiff’s now time-barred claim against the defendant because the original action was not “commenced,” as that term is defined by Connecticut courts

Plaintiff's Lawsuit and Accidental Failure of Suit Statute The plaintiff brought this lawsuit under the accidental failure of suit statute, Connecticut General Statutes § 52-592, after she allegedly fell in the parking lot of the defendant’s premises. The defendant now…

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Premises Liability: Court denies defendants’ motion for summary judgment on the grounds that the plaintiff’s inconsistent deposition testimony creates an issue of fact for the jury to decide

January 16, 2025
Jackson O'Keefe
Personal Injury & Wrongful Death, Premises Liability

The Plaintiff's Allegations Against the Defendants The defendants have filed a motion for summary judgment in an action brought by the plaintiff after she allegedly tripped and fell on the subject premises. The plaintiff claims that the defendants, who owned,…

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Premises Liability: Court denies motion to strike after determining that plaintiff’s complaint sufficiently alleged that the defendants may have owed her a duty to warn of dangers existing in areas beyond the landowner’s control

January 16, 2025
Matthew J. O'Keefe
Personal Injury & Wrongful Death, Premises Liability

Plaintiff's Premises Liability Action Plaintiff brought a premises liability action against the defendants, alleging that she was a passenger in a vehicle operated by an unknown individual who purchased food at a drive-through restaurant owned by the defendants. The plaintiff…

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Premises Liability: Court finds that landlord had no duty to prevent a neighbor from breaking into tenant’s room as such area was not under the landlord’s control

Plaintiff brought this action against her landlord claiming damages and emotional distress after items were repeatedly stolen from the plaintiff’s room. In her complaint and reply to the defendant’s special defense, the plaintiff alleged that one of her neighbors broke…

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Premises Liability: Property owner owed no duty after area where plaintiff fell was found to be owned by the Town of West Hartford

This action involves a premises liability claim in which the plaintiff alleges that she was injured when she stepped into a hole on a grassy area between the curb and the sidewalk in front of the defendant’s home. On May…

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Insurance Coverage: Court finds that the individual’s mental state is not a material fact required for the insurance policy’s assault and/or battery coverage to apply

December 28, 2023
Kathryn M. Cunningham
Insurance, Personal Injury & Wrongful Death, Premises Liability

This is an insurance coverage dispute stemming from the death of an individual who was shot on the premises of the defendant, Ryan’s Pub, LLC. The defendant is an insured of the plaintiff, Tudor Insurance Company. In the underlying lawsuit,…

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Premises Liability: Court holds that claim of “old ice” in general vicinity of fall is not sufficient to defeat defendant’s summary judgment based on ongoing storm doctrine

July 16, 2023
Joseph M. Busher
Premises Liability, Slips and Falls due to Snow and Ice

The plaintiff alleges that he was injured when he fell on ice located on the defendant’s premises. The defendant moved for summary judgment, contending that, under the ongoing storm doctrine, the defendant did not owe the plaintiff a legal duty…

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Premises Liability: Condominium owner obtains summary judgment as to area controlled by association, but is denied summary judgment as to common area unit owner repaired on his own

July 16, 2023
Philip R. Dunn, Jr.
Premises Liability, Slips and Falls due to Snow and Ice

The plaintiff tenant commenced this lawsuit against the defendants, Meriden Eastwood after the plaintiff was allegedly caused to slip and fall on January 21, 2019 in the parking lot and then again on January 25, 2019 on the exterior stairway…

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Premises Liability: Summary judgment granted for housing authority where plaintiff had not provided the requisite notice of her intent to file suit

July 16, 2023
Peter K. O'Keefe
Premises Liability, Slips and Falls due to Snow and Ice

Before the court is the defendant, Bridgeport Housing Authority and Park City Communities’, motion for summary judgment which asserts that the plaintiff failed to comply with the notice requirements set forth in Connecticut General Statutes § 8-67. The plaintiff alleges…

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Firm News – Premises Liability: Jackson O’Keefe obtains Appellate affirmance of summary judgment for landlords who were held to owe no duty to persons injured by a tenant’s dog off premises

May 17, 2023
Joseph M. Busher
Animal and Dog Attacks, Premises Liability

The plaintiff, the mother of a minor child, brought suit individually and on behalf of her minor child, against the defendant landlord asserting negligence against the defendant arising from an off-premises attack by a dog owned by one of defendant’s…

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