PREMISES LIABILITY: Superior Court sets aside verdict where no evidence presented as to how long defect was present prior to fall
The Superior Court set aside a judgment in favor of the plaintiff in premises liability…
Plaintiff sued the defendant store owner for negligence after she allegedly slipped and fell on a puddle of water while shopping. The trial court granted summary judgment for the defendant on the basis that it had no actual or constructive notice of the puddle. In support of its motion, the defendant filed an affidavit of the store manager who stated that she had performed a safety sweep of the area less than one minute prior to the alleged fall and did not observe any water on the floor.
The plaintiff also testified during deposition that the water was clear and did not have shopping cart tracks running through it. The plaintiff appealed, arguing that the affidavit was insufficient to demonstrate the absence of genuine issues of material fact. The Appellate Court agreed with the trial court’s reasoning and upheld its ruling.
Bisson v. Wal-Mart Stores, Inc., 183 Conn. App. 597 (2018)