Adriana Ruiz, ppa and individually et al. v. LLC (2010)

MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT # 139

The defendants John Kovalcik and Interpros Properties, Inc., move for summary judgment in the event that the contemporaneous Motion for Summary Judgment of Victory Properties, LLC, is granted.   Victory Properties LLC was the owner and landlord of a building in which the plaintiffs, seven-year-old Adriana Ruiz and her mother Olga Rivera, were tenants.   The plaintiff's claim that Adriana Ruiz suffered personal injuries when Adriana's ten-year-old cousin, who was also a tenant in the building, picked up a rock from the backyard of the apartment building, carried it up to the third floor, and dropped the rock to see if it would split in two.   The rock hit Adriana, injuring her.

In a separate Memorandum of Decision file on October 5, 2010, this court granted the Motion for Summary Judgment of the defendant Victory Properties LLC, ruling that the defendant had no duty of care with respect to the type of injury suffered by Adriana.

The remaining defendants Kovalcik and Interpros were cited in after the commencement of this action.   The plaintiffs alleged that Victory had fraudulently transferred assets to Interpros to avoid having those assets exposed to judgment in this lawsuit, in violation of the Uniform Fraudulent Transfer Act, Conn. Gen.Stat. § 52-552a.   The amended complaint also claimed that John Kovalcik was personally liable for any wrongful conduct of either Victory or Interpros.

Because the issue of liability has been resolved against the plaintiffs and in favor of the primary defendant Victory, and because the claims of the remaining defendants Kovalcik and Interpros are derivative only, the claims as to these latter defendants cannot survive.

The Motion for Summary Judgment is therefore granted as to John Kovalcik and Interpros Properties, Inc.

Patty Jenkins Pittman, Judge

Pittman, Patty Jenkins, J.