DocketNumber: No. CV94 0141707
Citation Numbers: 1996 Conn. Super. Ct. 5256-HH
Judges: RYAN, J.
Filed Date: 8/14/1996
Status: Non-Precedential
Modified Date: 4/17/2021
The standard of a trial court's decision to grant a motion for summary judgment is well established. "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. In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party." Barrett v.Danbury Hospital,
The defendants argue that they did not maintain possession and control over the property and therefore cannot be held liable. Liability for injuries caused by defective premises is not based upon title, but rather upon possession and control. Farlow v.Andrews Corp.,
It is found that the plaintiff has alleged more than a cause of action for defective premises. The complaint alleges negligence in the defendants' affirmative actions. According to the appellate court, Connecticut has adopted the Restatement (Second), Torts § 385 view of contractor liability, "[o]ne who on behalf of the possessor of land erects a structure or creates any other condition thereon is subject to liability to others upon or outside of the land for physical harm caused to them by the dangerous character of the structure or condition after his work has been accepted by the possessor, under the same rules as those determining the liability of one who as manufacturer or independent contractor makes a chattel for the use of others." Minton v. Krish,
The court finds that the defendants have not demonstrated that there is no genuine issue of material fact as to the elements of negligence based on contractor liability. The issue of control is no longer relevant to the inquiry and accordingly, the motion for summary judgment should be denied.
The plaintiff urges the court to strike the affidavit submitted by the defendants. The court need not reach that issue because the court need not consider the evidence to decide the motion. The defendants' argument is inapposite to the complaint filed by the plaintiff.
Accordingly, the motion for summary judgment
RYAN, J.