Walencewicz v. Jealous Monk, LLC

Citations

• 228 Conn. App. 349

Syllabus

The defendant restaurant appealed from the trial court's judgment for the plaintiff awarding her damages as a result of injuries she sustained when she slipped on a loose decal and fell in the defendant's premises. The defendant claimed, inter alia, that the trial court improperly denied its motions to overturn the jury's verdict. Held: The trial court correctly denied the defendant's motions for a directed verdict and to set aside the verdict, as the evidence was sufficient for the jury to find that the defendant had constructive notice of the loose decal and that the decal in fact caused the plaintiff's injuries. The trial court's failure to instruct the jury on the definitions of negligence and reasonable care constituted harmless error, the court's instructions having set forth the plaintiff's allegations of negligence, the relevant elements of a premises liability claim and the applicable duties that the defendant owed to the plaintiff. Argued May 22—officially released October 1, 2024