skip to Main Content

PREMISES LIABILITY: Appellate Court finds trial court mischaracterized claims of ordinary negligence as a premises liability case as to snow contractor; possession and control not required as to contractor

In the original action, the plaintiff sued the defendant Jones Landscaping after the plaintiff slipped and fell on ice and sustained various injuries. Jones Landscaping moved for summary judgment. The Superior Court granted the motion for summary judgment, finding that the plaintiff did not allege that the landscaping company possessed and controlled the premises, therefore the company did not owe a duty of care to the plaintiff. The plaintiff appealed. The Appellate Court finds that the Superior Court mischaracterized the plaintiff’s ordinary negligence claims as premises liability claims. The Appellate Court concludes that in her complaint, the plaintiff brought ordinary negligence counts against the defendant, alleging that the defendant owed her a duty based upon the snow services agreement it had with the third-party landowner. The Connecticut Appellate Court finds that Jones Landscaping is liable to the plaintiff for injuries that resulted from any failure to exercise reasonable care. Carrico v. Mill Rock Leasing, LLC, Appellate Court, Docket No. AC 42460 (July 21. 2020)