DocketNumber: No. CV97 34 58 34 S
Judges: THIM, JUDGE.
Filed Date: 3/20/1998
Status: Non-Precedential
Modified Date: 4/18/2021
Plaintiff Catherine Newton was injured when she fell on a public sidewalk in the City of Bridgeport. The plaintiff alleges "that the area was uneven, raised, of varying heights, had potholes and in a state of disrepair so that it rendered pedestrian traffic hazardous and dangerous." The defendant, who owns the property that abuts the sidewalk, moves for judgment on the ground "the plaintiff's cause of action rests with the City of Bridgeport and not this defendant." For the reason stated below, the motion is denied.
The defendant correctly asserts that its ownership of the property adjacent to the sidewalk does not impose on the defendant a duty to keep the public sidewalk in a reasonably safe condition for travelers like the plaintiff. Wilson v. New Haven,
The plaintiff claims that the defendant "created the defect." She states in an affidavit that the defendant used the sidewalk as part of a driveway and that, through this use, created the condition that caused the plaintiff to fall. "If an abutting owner, a contractor or any person by his act made a dangerous hole in a sidewalk he would have committed a nuisance for which CT Page 3950 he would be responsible in damages for injury resulting from his act." Hanlon v. Waterbury,
The motion for summary judgment is denied.
THIM, JUDGE