DocketNumber: No. CV00 0068874S
Citation Numbers: 2002 Conn. Super. Ct. 1101
Judges: SEQUINO, JUDGE.
Filed Date: 1/30/2002
Status: Non-Precedential
Modified Date: 7/5/2016
"Summary judgment is appropriate where all the documents submitted demonstrate that there is no genuine issue of material fact remaining between the parties and that the moving party is entitled to judgment as a matter of law." Connecticut Practice Book Sec. 17-49; Wilson v. City ofNew Haven,
In its motion, memorandum and affidavits, defendant alleges that its responsibility regarding snow removal with Griffin Hospital was on a contractual "call basis", that it was not called by Griffin Hospital to perform snow removal, ice removal or sanding on the date of the alleged fall, and that it owes no duty of care to plaintiff because it does not own, maintain or control the property. In her memorandum and affidavits in opposition to summary judgment, plaintiff claims that defendant performed its snow and ice removal and sanding job in a negligent manner, such that a mound of snow was created along the parking lot where it was subject to melting and refreezing, causing a dangerous condition.
Defendant claims that summary judgment is appropriate in this case because there is no genuine issue of material fact and defendant is entitled to judgment as a matter of law. Connecticut Practice Book §
To the contrary, the Connecticut Supreme, Court has adopted Section 324A(b) of the Restatement (Second), of Torts to impose a duty of care in a commercial context in which an independent snow removal contractor performed ice and snow removal services for consideration. In Gazo v.Stamford,
"One who undertakes gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking if . . . (b) he has undertaken to perform a duty owed by the other to the third person. . . ."
Since the property owner, here Griffin Hospital, has a duty to keep its premises safe, defendant may be held liable to plaintiff for physical injuries if the plaintiff can show defendant failed to exercise reasonable care when performing the duty owed by the hospital to plaintiff. See also, Minton v. Krish,
Accordingly, the complaint raises genuine issues of material fact with regard to whether defendant failed to exercise reasonable care in removing snow and ice from the parking lot where plaintiff slipped and fell and was injured. Since defendant would not be entitled to judgment as a matter of law, defendant is not entitled to a summary judgment on thee facts alleged, which have been supported by appropriate affidavit. Accordingly, defendant's Motion for Summary Judgment is denied.
So ordered.
The Court
By ____________________ Sequino, J.