The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Tort Law Appellate Court Opinions

by Booth, George


AC45094 - Booth v. Park Terrace II Mutual Housing Ltd. Partnership (Premises liability; negligence; summary judgment; request for admission pursuant to rule of practice (§ 13-22); "The plaintiff, Joseph M. Booth, appeals from the judgment of the trial court granting motions for summary judgment filed by the defendants, Park Terrace II Mutual Housing Limited Partnership and Mutual Housing Association of Greater Hartford, Inc. (collectively, owner defendants), and Crosskey Architects, LLC, and TO Design, LLC (collectively, design defendants), and denying the plaintiff's request to amend his complaint and his motion to preclude expert testimony. On appeal, the plaintiff claims that the court (1) improperly rendered summary judgment because genuine issues of material fact exist, (2) abused its discretion in denying his request to amend his complaint, and (3) abused its discretion in denying his motion to preclude the expert affidavit offered in support of the owner defendants' motion for summary judgment. We disagree and, accordingly, affirm the judgment of the trial court.")

AC44587 - Aviles v. Barnhill (Premises liability; negligence; motion for summary judgment; "The plaintiffs, Dominique Aviles, individually and on behalf of her minor child, Xavier Bauza, appeal from the summary judgment rendered by the trial court in favor of the defendant landlord, H-Squared Construction, LLC, on two counts of the plaintiffs' complaint asserting negligence against the defendant arising from an off premises attack by a dog owned by one of its tenants. On appeal, the plaintiffs argue that the court incorrectly determined that the defendant could not be held liable as a matter of law because, contrary to the court's conclusion, Connecticut case law provides that a landlord has a duty of care under a premises liability theory to use reasonable care to prevent injuries to third parties from known vicious dogs housed on the property by a tenant, including, in certain circumstances, from a dog attack occurring off of the landlord's property. The plaintiffs also argue that this court should adopt § 379A of the Restatement (Second) of Torts (§ 379A), which, if its elements are met, would extend liability to the defendant regardless of where the attack took place. We disagree with the plaintiffs' first claim and conclude that, within the specific context of off premises dog attacks, landlords do not owe a duty of care to injured third parties under a theory of premises liability. We also decline to adopt § 379A for this particular context because we determine that doing so would be contrary to our appellate precedent. Accordingly, we affirm the judgment of the trial court.")