DocketNumber: No. CV 01 0085173S
Citation Numbers: 2003 Conn. Super. Ct. 2388
Judges: PICKARD, JUDGE.
Filed Date: 2/11/2003
Status: Non-Precedential
Modified Date: 7/5/2016
The plaintiff was allegedly injured after she left the defendant's beauty parlor and tripped on an alleged defect in the public sidewalk in front of the defendant's establishment. The complaint sets forth several allegations of negligence including a failure to maintain, to repair, to inspect, and to warn. For purposes of this motion the plaintiff's only serious argument is that the defendant had a duty to warn the plaintiff, a business invitee, of the dangerous public sidewalk located in front of the plaintiff's business.
In support of her position the plaintiff cites the unpublished Superior Court case of Major v. City of New London (Corradino, J.), J.D. of New London, May 19, 2000,
Fortunately, there is no need to decide whether the Major decision should be followed. This is because the plaintiff admitted in her deposition that she had been warned about the defect in the sidewalk and saw the defect before she tripped over it. Therefore, even if there was a duty to warn, that duty was met. There is no material issue of fact on this point.
For these reasons the motion for summary judgment is granted.
CT Page 2389John W. Pickard Judge of the Superior Court
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