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PREMISES LIABILITY: Superior Court holds triable issues of fact exist as to town’s liability for failing to remove snow from sidewalk outside school gym

PREMISES LIABILITY: Superior Court Holds Triable Issues Of Fact Exist As To Town’s Liability For Failing To Remove Snow From Sidewalk Outside School Gym

The plaintiff was walking on a snowy sidewalk outside a high school on her way to attend a basketball game at the school’s gymnasium when she fell.  She sued the town and others for her injuries.

The court denied defendant’s motion for summary judgment except as to the plaintiff’s claim of supervisory negligence, finding that triable issues of fact existed as to whether a storm was ongoing and as to whether the ongoing storm doctrine even applied, as the defendants had invited the public to attend a basketball game despite the weather.

The court stated: “If it is not safe enough to go outside to shovel, it seems fair to question why it nevertheless is safe enough to invite the public to attend the event”.  As to the issue of governmental immunity, the court found a triable issue of fact as to whether the defendants’ duty to keep the sidewalk clear of snow was discretionary or ministerial.

Finn v. Town of Hamden, CV16-6060769S (9/13/17)

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