Daniel Grabner v. LLC (2012)

ARTICULATION RE ORDER 415595

The defendant, Stoneheights Estates Association, Inc. (hereinafter “Stoneheights”) filed a motion for summary judgment as to count 5 of the plaintiff, Daniel Grabner's (hereinafter “plaintiff”) multiple-count complaint.   The court denied said motion by order dated September 24, 2012.   Stoneheights filed for an articulation of the court's decision to preserve its Appellate rights based upon our recent amendments to the Appellate Rules of Court.   The court hereby articulates the basis of its decision as follows.

It is the common law of this state that an owner of the premises owes invitees a non-delegable duty to exercise care for its guests.   The owner of the premises is vicariously liable for all negligent acts of the party it hires to maintain the premises.   It is undisputed that Stoneheights is the owner of the parking lot in question and that the named defendant, Brauman's Lawn Care, LLC, is the contractor hired to plow snow in said parking lot.

The plaintiff has alleged that Brauman's Lawn Care, LLC, through its employee, John Bauman, was negligent in the operation of his New Holland skid steer apparatus that ran over his foot as alleged with the acts of negligence specified in ¶ 8 of the amended complaint of October 24, 2011.   Stoneheights contends that the plaintiff is not claiming that he was injured as a result of the manner in which snow was cleared by Brauman's.   The plaintiff claims and argues to the contrary, that Brauman LLC agent, the defendant, John Brauman, while having a discussion, put his vehicle in reverse running over his foot in a negligent manner in an attempt to continue his snow plowing operations.   (Plaintiff's Deposition, pp. 156–57.)   There is a genuine issue as to a material fact as to whether Brauman's Lawn Care, LLC's employee was operating the skid steer in an attempt to continue his snow plowing duties, with said duty as nondelegable by the property owner to the contractor.  Smith v. Town of Greenwich, 278 Conn. 458–62 (2006).

Devine, J.

Devine, James J., J.