Jonathan Warren Kelly

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Halloran & Sage LLP
• Representative Cases & Transactions
  Cases

  Representative Matters: Summary Judgment in Premises Liability Claim
  Jonathan W. Kelly recently obtained summary judgment in a premises liability action in which he was defending the owners of a residential premises in West Hartford. The plaintiff, who was renting the residential premises from the homeowners, alleged that she fractured her elbow after she slipped on a large accumulation of water on the kitchen floor that was caused by a malfunctioning icemaker/water dispenser in the refrigerator. The plaintiff claimed that she had advised the defendant homeowners that the icemaker had been making a grinding noise for several months,
  that the defendants had failed to remedy the condition. The defense argued that, even if the plaintiff had made such a complaint, the complaint would only constitute notice that the icemaker made noise, but not notice of the specific condition that actually caused the plaintiff's fall, i.e., a tendency or possibility of water discharging from the dispenser of its own accord. It was also argued that the defendants did not owe a duty of care to the plaintiff because they did not retain either possession or sufficient control of the subject refrigerator according to a proper interpretation of the lease. The Court agreed with both arguments
  granted the defendants' motion for summary judgment.
  Defendant's Verdict in Premises Liability Case
  Jonathan Kelly obtained a defendant's verdict in a case where the plaintiff alleged to have tripped
  fallen on a sidewalk in front of a store owned
  operated by a well-known national furniture store chain. The plaintiff alleged, inter alia, that the out-of-possession l
  lord defendant was negligent in that it failed to properly maintain the sidewalk in front of the subject premises. Plaintiff sustained significant injuries that resulted in two surgeries, as well as recommendations for two additional surgeries.
  Successful Motions in Limine precluded the plaintiff from presenting argument or evidence in support of a theory that the defendant was an alter ego of the closely related furniture store tenant. Plaintiff's safety expert was also precluded from testifying. The jury concluded that the plaintiff failed to meet her burden of proof that the defendant was in possession
  control of the sidewalk at the time of plaintiff's fall. Plaintiff's settlement dem
  at trial was $600, 000.