fbpx Skip to content

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 case where the court found there was no evidence as to the length of time of the alleged defect.  The plaintiff brought a premises liability action against the estate of her mother for injuries she sustained as a result of a fall on an alleged defect in the threshold from the kitchen into the breezeway.  The plaintiff alleged when she stepped on the threshold it was caused to wobble, causing her fall.  At trial the plaintiff provided no testimony with regard to whether the decedent was aware of the wobble or how long the wobble had been present prior to the fall.  The plaintiff and her husband both testified that they had no knowledge as to how long the threshold had been wobbly.  The court found this lack of evidence to be fatal to the plaintiff’s case since there was no evidence upon which the jury could draw an inference of constructive notice. Debra Aresco v. Debra Aresco, Executor (Estate of Priscilla D. Peters), Superior Court, judicial district of Hartford, Docket No. CV17-6085262 (Oct. 26, 2020)