DocketNumber: No. X04-CV-00-0120525-S
Citation Numbers: 2002 Conn. Super. Ct. 13484
Judges: McLACHLAN, JUDGE.
Filed Date: 10/24/2002
Status: Non-Precedential
Modified Date: 4/18/2021
On January 14, 2000, the plaintiff, Sandra Wunder, Administratrix of the Estate of William Pityer, filed a wrongful death complaint against the defendant, Mobil Oil Corporation ("Mobil"), for damages allegedly sustained as the result of defendant's failure to provide a safe working environment for plaintiffs decedent, William Pityer. Mr. Pityer, an employee of Waterford Petroleum, LLC, was working as a cashier at a gas station and mart/snack shop located on Route 85 in Waterford on June 7, 1999 when he was shot and killed during an attempted robbery. Mobil was the franchisor of the operation and Ronald Miceli ("Miceli") was the franchisee.
The plaintiff claims that Mobil exercised control and supervision over the gas station and mart/snack shop. and that it failed to provide adequate security measures, devices and procedures to afford protection to employees such as the plaintiffs decedent. By motion dated August 9, 2002, Mobil moves for summary judgment claiming it did not owe a legal duty to plaintiffs decedent as a matter of law. Mobil claims that the franchise agreement and lease agreement between Mobil, the franchisor, and Miceli, the franchisee, clearly indicate that Miceli had sole responsibility with respect to security at the gas station and mart/snack shop.
Discussion
Pursuant to Practice Book section
The Court has reviewed the exhibits submitted, including particularly the depositions of Ronald Miceli, the franchisee, David Driscoll, a Mobil Territory Manager, and Anthony Russo, a Mobil Territory Manager, and concludes that there is a triable issue of fact as to whether or not Mobil exercised control over security at the Mobil Mart premises. "Even where a trial court finds that the evidence strongly favors one party, that court may not arrogate to itself the role of trier of fact and, thus, decide issues of material fact as a matter of law. A party has the same right to submit a weak case [to the jury] as he has to submit a strong one." (Internal quotation marks omitted.) Maffucci v. Royal ParkLtd. Partnership,
Conclusion
Mobil's motion for summary judgment is denied.
BY THE COURT
McLachlan, J. CT Page 13486