Cases
Rep Matters: Summary Judgment obtained in Favor of a Large Supermarket Chain
Joshua Auxier
Laura Penney recently obtained summary judgment for a major regional supermarket chain in a premises liability matter. The plaintiff claimed to have sustained injuries after slipping
falling on a slippery, over-waxed floor. The plaintiff testified that she did not see or feel any liquid or foreign substance on the floor,
that she merely observed a particular area of the floor that was super shiny or glossy . Relying on Connecticut Supreme Court cases,
the evidence, Attorneys Auxier
Penney argued that a super shiny floor, in
of itself, is not a specific defect. The court agreed that the record was devoid of any facts that would support an inference of over-waxing to remove it from mere speculation or conjecture
that, even if there was evidence of over-waxing, there was no evidence that the supermarket had actual or constructive notice of it.
Appellate Court Panel Affirms Dismissal by Summary Judgment in L
Records Matter
Attorneys Laura Pascale Zaino
Joshua Auxier secured another important appellate victory in PMG L
Associates, L.P. v. Harbour L
ing Condominium Association, Inc., et al., 172 Conn. App. 688 (2017). The plaintiff, a l
development company, had claimed that Halloran & Sage's client, a neighboring condominium association, had tortiously interfered with its project by filing notices on the l
records
by other acts. A unanimous panel of the Appellate Court affirmed the dismissal by summary judgment. The Court concluded the whole matter was barred by the statute of limitations. The Appellate Court resolved the issue whether a filing on the l
records is one event or is a continuing event that would toll the statute of limitations, which benefitted the association as the plaintiff filed too late. Laura Pascale Zaino, a partner in Halloran & Sage's Appellate Practice Group, argued the appeal for the defendants. Joshua Auxier, a litigation partner who practices in the area of directors
officers liability, obtained summary judgment dismissal for the defendants in the trial court.
Joshua Auxier Granted Summary Judgment in Favor of Condominium Association
Harbour L
ing Condominium Association received summary judgment in its favor after argument by their counsel, Joshua M. Auxier. The plaintiff owned a parcel of l
in New Haven, Connecticut, adjacent to the condominium complex,
alleged that the defendants intentionally interfered with plaintiff's real estate development project. Joshua asserted that the defendants did not owe the plaintiffs a common law duty to release a lis pendens because the plaintiff failed to use an available statutory remedy. He argued that the continuing course of conduct doctrine was not applicable, as any duty to release the lis pendens arose under the statutory remedy. Attorney Auxier demonstrated that the alleged interference did not occur within the three year statute of limitations. Accordingly, the court dismissed the plaintiff's complaint.
Summary Judgment Obtained in Favor of Condominium
its Directors
Shell Beach Condominium Association, Inc.,
five members of its board of directors received summary judgment in their favor after argument by their counsel, Joshua M. Auxier. The plaintiff claimed that the condominium instruments assigned Garage #14 to Unit #14 as a limited common element for his exclusive use as a part of the plaintiff's purchase of Unit #14 in 1999. Joshua received summary judgment as to each of the seven counts brought by the plaintiff. In its memor
um of opinion, the Court largely adopted his arguments, rendering useful law regarding the application of CUTPA to condominium associations
whether a plaintiff can claim negligent infliction of emotional distress for harms solely limited to real property rights.
