Gary v. New Haven, No. Cv 99-0430938s (Mar. 26, 2003)

Connecticut Superior Court

Gary v. New Haven, No. Cv 99-0430938s (Mar. 26, 2003)

2003 Conn. Super. Ct. 4198

CourtConnecticut Superior Court

DecidedMarch 26, 2003

DocketNo. CV 99-0430938S

StatusUnpublished

This text of 2003 Conn. Super. Ct. 4198 (Gary v. New Haven, No. Cv 99-0430938s (Mar. 26, 2003)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gary v. New Haven, No. Cv 99-0430938s (Mar. 26, 2003), 2003 Conn. Super. Ct. 4198 (Colo. Ct. App. 2003).

Pincite

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION In this case, the plaintiff seeks to recover damages for injuries she claims to have suffered on June 8, 1998. On that date, she was walking in a corridor of the Timothy Dwight School in New Haven when she slipped and fell. She blames the fall on a wet floor.

After the plaintiff rested, the defendant moved to dismiss on the grounds that the plaintiff had not produced evidence that the alleged defect existed long enough to put the defendant on actual or constructive notice of its existence. The defendant relies on Colombo v. Stop and ShopSupermarket Company, Inc., 67 Conn. App. 62 (2001). The court reserved decision on the motion.

That case is virtually identical to this case, except for the fact that the fall was caused by milk in Colombo while here we are dealing with water.

While the existence of the nearby water fountain suggests the source of the water, we have no evidence as to how it got there or how long it was there.

The defendant's motion is granted and the case is dismissed.

Anthony V. DeMayo Judge Trial Referee

CT Page 4199

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