DocketNumber: No. CV93 30 90 87 S
Citation Numbers: 1995 Conn. Super. Ct. 6876
Judges: FORD, JUDGE.
Filed Date: 6/6/1995
Status: Non-Precedential
Modified Date: 4/18/2021
On March 28, 1995, Warner Lambert filed a motion for summary judgment on the complaint and a memorandum of law. Warner Lambert did not include any affidavits or other documentary evidence with its motion for summary judgment. On April 7, 1995, Cedeno filed a memorandum in opposition to the motion for summary judgment. On April 21, 1995, Warner Lambert filed a reply memorandum. On May 8, 1995, Warner Lambert filed a supplemental memorandum. On May 8, 1995, Cedeno also filed a reply memorandum.
"Practice Book § 384 provides that summary 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." Barrett v. Danbury Hospital,
In its memoranda of law, Warner Lambert argues that someone who is injured in the course of their employment has no cause of action against the property owner for injuries suffered in the course of their employment. Warner Lambert argues that workers' compensation is the exclusive remedy for this injured worker. The basis for this argument is Ray v. Schneider,
In Cedeno's memoranda of law, she argues that property owners are liable for their negligence. To the plaintiffs, Ray v.Schneider, supra, is distinguishable because Ray involved an attempt to make a property owner liable for the negligence of its independent contractor by the doctrine of vicarious liability. In this case, Cedeno argues that Warner Lambert, not any independent contractor, was negligent.
Citing General Statutes §
"When any principal employer procures any work to be done wholly or in part for him by a contractor, or through him by a subcontractor, and the work so procured to be done is a part or process in the trade or business of such principal employer, and is performed in, on or about premises under his control, such principal employer shall be liable to pay all compensation under this chapter to the same extent as if the work were done without the intervention of such contractor or subcontractor. The provisions of this section shall not extend immunity to any principal employer from a civil action brought by an injured employee or his dependent under the provisions of section
General Statutes §
The purpose of General Statutes §
Cedeno's argument raises a genuine issue of material fact that precludes granting a motion for summary judgment. Warner Lambert has not proven that it is Cedeno's principal employer and moreover, even if Warner Lambert is Cedeno's principal employer, Warner Lambert has not demonstrated that Sanitary Maintenance Service, Inc. has paid workers' compensation benefits. Although Cedeno has not submitted any affidavits on her own behalf, the non-movant may still contest the motion for summary judgment. Even "the failure [of the adverse party to file opposing documentary proof] does not bar [her] from attacking the sufficiency of the movant's affidavit and other proof." McGillicuddy v. Ciga Plus, Inc.,
Warner Lambert has not met its burden of proof. See Suarez v.Dickmont Plastics Corp., supra,
FORD, JUDGE