DocketNumber: No. 539285
Citation Numbers: 1998 Conn. Super. Ct. 14194
Judges: MARTIN, J.
Filed Date: 12/10/1998
Status: Non-Precedential
Modified Date: 4/17/2021
"The purpose of a motion to strike is to contest . . . the legal sufficiency of the allegations of any complaint . . . to state a claim upon which relief can be granted. In ruling on a motion to strike, the court is limited to the facts alleged in the complaint. The court must construe the facts in the complaint most favorably to the plaintiff . . . If facts provable in the complaint would support a cause of action, the motion to strike must be denied." (Citations omitted; internal quotation marks omitted.) Faulkner v. United Technologies Corp. ,
"A public nuisance exists if: 1) the condition complained of has a natural tendency to create danger and inflict injury upon person or property; 2) the danger created is a continuing one; 3) the use of the land is unreasonable or unlawful; and 4) the condition or conduct complained of interferes with a right common to the general public." Kenney v. Town of Old Saybrook,
The plaintiff alleges that she "visited the premises of the defendant . . . for the purpose of having a meal. After exiting the restaurant building, she was walking upon a sidewalk of the McDonald's restaurant when she slipped and fell on ice and/or snow which had accumulated on said sidewalk . . ." (Amended Complaint, September 23, 1998, Second Count, ¶ 2.)
"One who enters premises at the express or implied invitation of a tenant does not come upon them in the exercise of any public right but is there by reason of a right extended to him by the CT Page 14196 tenant; and if injured, the visitor to the premises cannot base his right to recover upon the existence of a public nuisance."Webel v. Yale University,
As the plaintiff alleges that she was a business invitee who slipped and fell upon the defendant's sidewalk, the plaintiff has not alleged a public nuisance. Accordingly, the defendant's motion to strike the second count of the plaintiff's amended complaint is granted.
Martin, J.