Herrera v. Meadow Hill, Inc.

Citations

• 217 Conn. App. 671

Syllabus

The plaintiff sought to recover damages from the defendants, two companies that possessed, controlled, managed and maintained certain condomin- ium premises, for personal injuries he sustained in connection with an alleged slip and fall as a result of untreated ice on the premises. The trial court granted the defendants' motion for summary judgment, in which they argued that there was an ongoing storm at the time of the plaintiff's alleged fall or that a reasonable time had not elapsed following the completion of the storm for them to have remediated the snowy or icy condition. On the plaintiff's appeal to this court, held: 1. This court declined to review the plaintiff's unpreserved claim that issues of material fact remained as to whether the defendants had a reasonable time between the end of the precipitation and the plaintiff's fall to have remediated the icy condition, as that claim was never distinctly raised before the trial court. 2. The trial court properly granted the defendants' motion for summary judgment because the defendants met their initial burden to demonstrate that there was no genuine issue of material fact that there was an ongoing storm at the time of the plaintiff's fall or that a reasonable time had not elapsed following the conclusion of the storm within which they should have remediated the snowy or icy condition, and the plaintiff thereafter failed to sustain his burden to raise a triable issue of fact as to whether the precipitation from the storm was not the cause of the accident, specifically, that the defendants created or exacerbated the allegedly dangerous condition on the steps where he fell by engaging in remediation efforts during the storm: the defendants submitted admis- sible evidence, including a local ordinance, showing it was undisputed that the two hour period between the end of the precipitation event and the plaintiff's fall was not a reasonable time for them to have remedied any dangerous conditions, and the plaintiff f