In a significant victory for the defense, Wood Smith Henning & Berman partner Kate Adams, successfully obtained summary judgment in favor of the defendant insured following oral argument before the Connecticut Superior Court. The court's ruling in the insured's favor brought a decisive end to a high-exposure premises liability action.
The plaintiff, who was a tenant residing on the insured premises, alleged she fell due to an elevation change between the driveway and adjacent land. She brought a single claim of negligence against the property-owner-landlord, asserting the owner should have known of the elevation change and failed to inspect or remedy the condition. The plaintiff's claimed medical specials exceeded $70,000 and she underwent multiple surgical procedures. Before summary judgment was granted, she demanded the policy limits of $1 million.
In moving for summary judgment, the defense presented uncontroverted evidence that the insured landlord regularly inspected the property every one to two weeks, well before and after the alleged incident, and had never observed any issues with the driveway elevation change. No prior reports or complaints were made regarding the condition, and the landlord was not aware of any similar incidents. Additionally, the defense presented expert testimony supporting these arguments.
The court agreed that no genuine issue of material fact existed as to the landlord's notice or breach of duty and granted summary judgment accordingly.
"This result reflects the strength of the record and the importance of diligent property maintenance," said Adams. "Our client's consistent inspection practices and attention to safety were critical in achieving this outcome. Negligence cannot be presumed simply because an accident occurred. Courts continue to recognize that liability must rest on actual or constructive notice, not speculation."
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