161 Conn.App. 787
Conn. App. Ct.2015Background
- On January 18, 2011, Maria Diaz slipped and fell on a well-illuminated elevated sidewalk leading to the Manchester Memorial Hospital emergency department and hit her head.
- Weather that day was a mix of snow, freezing rain, and rain; the hospital had retained a snow removal company and also used internal engineering and security staff for inspections and deicing.
- The snow removal company worked earlier that day, pretreated surfaces with calcium magnesium acetate, and left around 9:38 a.m.; hospital engineering performed scheduled inspections (6 a.m. and 3 p.m.) and treated areas during the day.
- Security personnel performed multiple exterior rounds during the 4 p.m.–midnight shift and could direct engineering to remediate slippery conditions.
- At bench trial, the court found the hospital had neither actual nor constructive notice of the ice because the record did not show how long the ice had existed before the fall; judgment was entered for the hospital.
- Diaz appealed arguing the court erred in failing to find constructive notice based on circumstantial evidence (weather advisories, pretreatment, site orientation, past complaints, expert testimony).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hospital had constructive notice of ice on sidewalk | Diaz argued circumstantial evidence (weather advisory, snow crew excused, north-facing entrance prone to refreeze, prior complaints, increased traffic) showed ice existed long enough that hospital should have discovered it | Hospital argued routine pretreatment, frequent inspections, snow removal work that day, and lack of evidence on how long ice existed defeated constructive notice | Court held no constructive notice: record did not show duration of ice and evidence supported finding hospital exercised reasonable care |
Key Cases Cited
- Considine v. Waterbury, 279 Conn. 830 (discusses constructive notice and standard for reasonable time for discovery)
- Riccio v. Harbour Village Condominium Assn, Inc., 281 Conn. 160 (business invitee duty explained)
- DiPietro v. Farmington Sports Arena, LLC, 306 Conn. 107 (premises liability principles)
- Maffucci v. Royal Park Ltd. Partnership, 243 Conn. 552 (negligence elements for premises liability)
- Palkimas v. Fernandez, 159 Conn. App. 129 (appellate standard for trier-of-fact inferences)
- Drible v. Village Improvement Co., 123 Conn. 20 (snow/ice as factual issue)
- Heritage Square, LLC v. Eoanou, 61 Conn. App. 329 (trier of fact weighs evidence)
- Morgan v. Hill, 139 Conn. 159 (trier of fact as final judge of witness credibility)
- Branigan v. Cohen, 3 Conn. App. 580 (review limits for memorandum of decision)
- Martin v. Stop & Shop Supermarket Cos., 70 Conn. App. 250 (need for articulation when trial court fails to state basis)
- Doe v. Rapoport, 80 Conn. App. 111 (presumption that trial court considered all evidence)