DocketNumber: No. CV97-0138824
Citation Numbers: 1998 Conn. Super. Ct. 10378
Judges: PELLEGRINO, J.
Filed Date: 9/9/1998
Status: Non-Precedential
Modified Date: 4/17/2021
Plaintiff brought this action to recover damages for injuries allegedly sustained when he fell as he entered a bathroom facility of the subject McDonalds restaurant owned by the defendant. Plaintiff testified at trial that he was on defendant's premises at about 11 a.m. on August 11, 1995, that he placed his order, then walked two or three steps into the bathroom, where he slipped and fell in a puddle of water. He sought medical attention and incurred expenses for emergency room and chiropractic treatment. Plaintiff claims damages for pain, suffering and reimbursement for his medical expenses. CT Page 10379
Defendant's representative who testified at trial was the manager on duty at this McDonalds on the evening of the incident in suit. She testified that the plaintiff did report the incident and that she accompanied him to the bathroom and saw a small puddle of water near one of the urinals, but it was not in the area that plaintiff claimed to have fallen. She also testified that the bathrooms are checked every thirty minutes and that defendant had no actual notice of the alleged defective condition. Plaintiff testified that he thought the water came from a sink that was clogged. He did not know how long the water had been on the floor before he fell.
In order for the plaintiff to prevail in this case, he must allege and prove by a preponderance of the evidence that the defendant had actual or constructive knowledge of the presence of the specific unsafe condition that caused his fall. Fuller v.First National Supermarkets, Inc., 3,
Accordingly, the court concludes that plaintiff failed to sustain his burden of proving that defendant had actual or constructive knowledge of the alleged defective condition which allegedly caused his injuries and damages. Judgment is hereby entered in favor of the defendant.
PELLEGRINO, J. CT Page 10380