DocketNumber: No. CV98 035 66 25 S
Citation Numbers: 2000 Conn. Super. Ct. 13371, 28 Conn. L. Rptr. 511
Judges: SKOLNICK, JUDGE.
Filed Date: 10/27/2000
Status: Non-Precedential
Modified Date: 7/5/2016
The plaintiff's second amended complaint contains eight counts. In the first four counts against the city of Bridgeport and-Dodsworth, the plaintiff alleges, inter alia, that the city of Bridgeport owned and maintained possession and control of the Bridgeport Train Station. The plaintiff further alleges that the city of Bridgeport, through its agent and employee Dodsworth, had a duty to maintain the premises in a reasonably safe condition, and that it breached that duty. In counts five and six, the plaintiff alleges that Amtrak owned and maintained possession and control over the Bridgeport train station, and asserts causes of action against Amtrak for negligence and public nuisance. In counts seven and eight, the plaintiff alleges that Metro North owned and maintained possession and control of the Bridgeport Train Station, and asserts causes of action against Metro North for negligence and public CT Page 13372 nuisance.
Amtrak now moves for summary judgment on counts five and six. Amtrak filed a memorandum of law in support of its motion for summary judgment (Defendant's Memorandum) together with an affidavit from Amtrak's manager, C.F. Kleykamp, and an agreement between the City of Bridgeport and the State of Connecticut Department of Transportation. The plaintiff filed an objection to the motion for summary judgment, and a memorandum in support thereof.
"[S]ummary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The party seeking summary judgment has the burden of showing the absence of any genuine issue [of] material facts which, under applicable principles of substantive law, entitle him to a judgment as a matter of law . . . and the party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact." (Citations omitted; internal quotation marks omitted.) Witt v. St. Vincent's Medical Center,
Amtrak argues that it does not own or have possession and control of the premises, and, therefore, it is not liable for unsafe conditions at the Bridgeport train station. In response, the plaintiff argues that Amtrak, as a common carrier, owes a heightened duty of care to the plaintiff. Amtrak replies that although in Connecticut a common carrier owes a heightened duty of care, the modern trend is to hold a common carrier to the same degree of care as any potential tortfeasor.
"[A] common carrier of passengers for-hire has the duty to use the utmost care consistent with the nature of its business to guard its passengers against all dangers which might reasonably and naturally be expected to occur, in view of all the circumstances, and this high degree of care is required during the period of a passenger's alighting as well as during transportation." Parlato v. Connecticut Transit,
In the present case, Amtrak conceded-that it is a common carrier. As a common carrier, Amtrak owes a heightened duty of care to its passenger to maintain the premises where its passengers may be boarding or alighting from the train in a reasonably safe condition. In the case of the Bridgeport train station, a known and fully accessible stop for Amtrak, it is not unreasonable that Amtrak's duty to its passengers extends to the building through which passengers pass prior to boarding or after alighting from its trains. This heightened duty, however, would only extend to the plaintiff if two conditions are met. First, the plaintiff must have been a passenger (or would-be passenger) of Amtrak because the Supreme Court has "refused to apply the standard to a common carrier except when the actual relationship of common carrier and passenger exists." Hunt v. Clifford,
Based on the foregoing, Amtrak's motion for summary judgment is denied.
Hunt v. Clifford , 152 Conn. 540 ( 1965 )
Parlato v. Connecticut Transit , 181 Conn. 66 ( 1980 )
Bogan v. New Haven , 38 Conn. Super. Ct. 477 ( 1982 )
Josephson v. Meyers , 180 Conn. 302 ( 1980 )
Roden v. Connecticut Co. , 113 Conn. 408 ( 1931 )