147 Conn. App. 405
Conn. App. Ct.2013Background
- Plaintiff Clorissa Hellamns, pregnant, sought treatment at Dana Clinic Building owned by Yale-New Haven Hospital on Sept. 15, 2009.
- Plaintiff slipped on a puddle of water in a hallway that a janitor with a cart and warning sign walked past just before the fall.
- Hallway primarily served patients and was not open to the public; access required permission from waiting room.
- Plaintiff alleged injuries to lower back, groin, right knee, and other muscles; unborn child not injured.
- Trial court found defendant negligent and awarded plaintiff $61,914 on July 16, 2012.
- Court on appeal reversed, holding the standard of care applied was improper and that notice was not established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard of care in premises liability | Hellamns contends the court used a standard akin to strict liability due to population and control factors. | Yale-New Haven argues the court applied an improper strict-like standard in premises liability. | Standard of care improper; not strict liability. |
| Notice of the defect | Plaintiff argued that the janitor’s presence near the puddle before the fall showed notice or opportunity to remedy. | Defendant contends there was insufficient evidence of actual or constructive notice. | Plaintiff failed to prove notice; judgment reversed for defendant. |
Key Cases Cited
- Location Realty, Inc. v. Colaccino, 287 Conn. 706 (2008) (premises liability duties require notice, not strict liability)
- Deroy v. Estate of Baron, 136 Conn. App. 123 (2012) (premises liability standard; notice concepts reviewed on appeal)
- DiPietro v. Farmington Sports Arena, LLC, 306 Conn. 107 (2012) (business invitee duty and notice requirements)
- Pollack v. Gampel, 163 Conn. 462 (1972) (reasonable time for notice depends on circumstances)
- Columbo v. Stop & Shop Supermarket Co., Inc., 67 Conn. App. 62 (2001) (evidence of dangerous condition must support notice inference)
- Caporale v. C. W. Blakeslee & Sons, Inc., 149 Conn. 79 (1961) (distinguishes strict liability from premises liability burdens)
- Torres v. Department of Correction, 50 Conn. Supp. 72 (2006) (strict liability exists only where legislature or common law imposes)
- Considine v. Waterbury, 279 Conn. 830 (2006) (clarifies constructive notice and fact-specific inquiry)