Carty v. Merchant 99-111 Founders, LLC

Citations

• 227 Conn. App. 683

Syllabus

The plaintiff sought to recover damages from the defendant for personal injuries he sustained in connection with an alleged slip and fall as a result of untreated ice on premises owned, controlled, and maintained by the defendant. The trial court granted the defendant's motion for summary judgment on the basis of the ongoing storm doctrine, and the plaintiff appealed to this court. Held that the trial court properly granted the defendant's motion for summary judgment as it was undisputed that there was an ongoing storm at the time the plaintiff fell, the defendant satisfied its initial burden of establishing, prima facie, that it neither created the snow and ice condition nor did it have actual or constructive notice of the condition, and the plaintiff failed to satisfy his burden of raising a genuine issue of material fact with respect to whether the icy condition existed prior to the storm that was ongoing at the time of his fall. Argued April 25—officially released August 27, 2024