148 Conn. App. 435
Conn. App. Ct.2014Background
- Plaintiff Victor Colon was allegedly assaulted in the parking lot outside AutoZone’s store at 300 North Avenue, Bridgeport, on or about July 14, 2009.
- Colon filed a negligence and premises liability action against AutoZone on July 14, 2011; AutoZone answered and asserted it had no possession or control over the parking lot.
- AutoZone moved for summary judgment May 23, 2012, arguing it owed no duty because it did not control the parking area where the incident occurred.
- The trial court granted summary judgment on December 26, 2012, concluding AutoZone did not have control or possession over the parking lot and owed no duty.
- On appeal, Colon contends there are material questions of fact about AutoZone’s control of the area and foreseeability of a dangerous condition; the court affirms the trial court’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AutoZone owed a duty based on control of the parking area. | Colon argues AutoZone had control under the lease and thus owed a duty. | AutoZone contends the lease excludes the parking lot from its control. | No duty; no genuine factual dispute on control; summary judgment affirmed. |
| Whether foreseeability of a dangerous condition creates a duty in this context. | Colon asserts foreseeability of criminal or dangerous conditions could impose liability. | AutoZone argues foreseeability cannot create a duty absent control/possession. | Foreseeability not enough; no duty where possession/control absent. |
Key Cases Cited
- Romprey v. Safeco Ins. Co. of America, 310 Conn. 304 (Conn. 2013) (review standard for summary judgment)
- Mirjavi v. Vakilzadeh, 310 Conn. 176 (Conn. 2013) (duty and control of premises analysis)
- Mills v. The Solution, LLC, 138 Conn. App. 40 (Conn. App. 2012) (control as a factual issue subject to summary judgment)
- Fiorelli v. Gorsky, 120 Conn. App. 298 (Conn. App. 2010) (lease-defined control can render legal questions)
- Ford v. Hotel & Restaurant Employees & Bartenders Union, 155 Conn. 24 (Conn. 1967) (foreseeability and adjacent dangerous conditions)