Escourse v. 100 Taylor Avenue, LLC
92 A.3d 1025
Conn. App. Ct.2014Background
- Teanna Escourse, age 16, was struck by a hit-and-run while walking along Taylor Ave. in Norwalk on Jan 1, 2011.
- Plaintiffs sued multiple nearby property owners/entities, including 100 Taylor Avenue, LLC; Condors; the city; and Cappuccia.
- Plaintiffs alleged Cappuccia’s snow plowing caused snow to be placed on the sidewalk in front of 100 Taylor Ave.
- Defendant Cappuccia moved for summary judgment on Nov 27, 2012, supported by his and his contractor’s affidavits and Officer Gonez’s deposition.
- Trial court granted summary judgment finding no genuine issue of material fact as to liability and proximate cause for Cappuccia.
- Plaintiffs appealed, arguing there was evidentiary foundation for a genuine issue of material fact and the affidavits were insufficient to meet the burden.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant met burden to show no genuine issue of material fact | Escourse contends affidavits are self-serving denials | Cappuccia provides detailed facts showing no snow plow from his property | Yes; defendant met burden showing no genuine issue. |
| Whether plaintiffs’ circumstantial evidence creates a genuine issue | Photograph and Schriver testimony raise inference of plowing | Evidence is speculative and insufficient to negate affidavit evidence | No; evidence fails to establish a genuine issue. |
| Whether Gambardella controls reversal on evidentiary foundation | Gambardella shows denials insufficient | Here, defendant provided admissible facts beyond denials | Gambardella not controlling; no genuine issue. |
Key Cases Cited
- Gambardella v. Kaoud, 38 Conn. App. 355, 660 A.2d 877 (1995) (denials alone insufficient for summary judgment; need facts)
- Romprey v. Safeco Ins. Co. of America, 310 Conn. 304, 77 A.3d 726 (2013) (standard for reviewing summary judgment; plaintiff bears burden to show no genuine issue)
- Tuccio Development, Inc. v. Neumann, 111 Conn. App. 588, 960 A.2d 1071 (2008) (opposing party must show genuine issue with evidentiary foundation)
- DeCorso v. Watchtower Bible & Tract Society of New York, Inc., 78 Conn. App. 865, 829 A.2d 38 (2003) (affidavits must be adequate to support non-movant’s position)
- Acampora v. Asselin, 179 Conn. 425, 426 A.2d 797 (1980) (summary judgment scrutiny of record)
- Patel v. Flexo Converters U.S.A., Inc., 309 Conn. 52, 68 A.3d 1162 (2013) (admissible facts beyond conclusory denials)
- Minachos v. CBS, Inc., 196 Conn. 91, 491 A.2d 368 (1985) (support for using personal affidavits to oppose summary judgment)