Augustine v. CNAPS, LLC

Citations

• 199 Conn. App. 725

Syllabus

The plaintiff sought to recover damages from the defendant restaurant owner for personal injuries she allegedly sustained when she fell on a stairway in the restaurant as a result of loosely affixed carpeting and uneven padding under the carpeting. The trial court granted the defendant's motion for summary judgment, concluding that the plaintiff's amorphous descriptions of the alleged defect failed to present sufficient evidence to allow a reasonable jury to conclude that the allegedly defective condi- tion was the proximate cause of her injuries. Held that the trial court improperly rendered summary judgment for the defendant, as the plain- tiff established the existence of a genuine issue of material fact as to causation through the affidavits of two guests who used the same stair- way and her deposition testimony that her heel caught in the carpeting, which was squishy, uneven and bumpy, and that her shoe remained in the carpeting as she stepped forward while descending the stairway; moreover, the trial court's characterization of the plaintiff's descriptions of the alleged defect as amorphous suggested that it failed to consider the evidence in the light most favorable to her, and a singular instance of inconsistency in the plaintiff's deposition testimony could not be given dispositive weight over her other largely consistent statements. Argued June 19—officially released August 25, 2020