Duclos v. Hayes

Citations

• 234 Conn. App. 439

Syllabus

The plaintiff appealed from the trial court's rendering of summary judgment for the defendant landlord with respect to the plaintiff's claims of negligence based on premises liability in connection with her alleged slip and fall on a front porch stairway leading to a tenant's apartment. The plaintiff claimed, inter alia, that the court improperly rendered summary judgment despite the existence of genuine issues of material fact as to whether the defendant owed a duty of care to her. Held: Although the trial court committed error in failing to provide an oral or written statement of decision containing its conclusion as to each claim of law raised by the parties and the factual basis therefor, as required by our rule of practice (§ 64-1 (a)), this court was not precluded from considering the plaintiff's claims on the merits because its review was plenary, there was an adequate record, and it was in the interests of judicial economy and fairness to the parties to proceed. The trial court properly rendered summary judgment for the defendant, as there was no genuine issue of material fact that the defendant did not exercise possession and control of the illumination of an operational light fixture in the front exterior entryway of the premises, the defendant's tenant having exclusive possession and control of the light switch, located inside his demised apartment, that operated the light fixture, and, therefore, she did not owe a duty of care to the plaintiff. Argued April 15—officially released August 19, 2025