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neither was served as required. As such, the Court Grants Summary Judgment For
court granted the defendant’s motion to dis- Governmental Immunity Where No
miss the second complaint. Imminent Harm

MOTOR VEHICLE TORTS • CASE: Holmes v. City of Waterbury

PERSONAL INJURY COURT: Waterbury J.D. at Waterbury
DOC. NO.: CV-18-6040905
COURT OPINION BY: Roraback
Court Denies Motion To Strike DATE: June 22, 2020 • PAGES: 8
Recklessness Where Complaint Added
Plaintiff was allegedly injured when he stepped on
“Recklessly” To Allegations a crack on a basketball court owned by the defen-
dant, located within a public park. Plaintiff brought
CASE: Ryan v. Tedesco a negligence action against the city for failing to
COURT: Waterbury J.D. at Waterbury properly inspect, maintain, and warn on the condi-
DOC. NO.: CV20-6052781 tion of the court at the time of injury. The defen-
COURT OPINION BY: Gordon dant asserted the special defense of municipal im-
DATE: June 19, 2020 • PAGES: 6 munity, and filed for summary judgment, arguing
that maintenance of the court was ministerial in na-
Plaintiff was injured while operating his motorcycle ture. The court agreed, and granted the defendant’s
on a public roadway when defendant failed to stop motion for summary judgment finding there was no
at a stop sign and collided with him. Defendant type of imminent harm that would enable the de-
moved to strike plaintiff’s common law and statu- fendant to identify a victim to create an exception
tory recklessness claims, arguing that her conduct to governmental immunity.
failed to arise to the level of “recklessness” because
the alleged conduct merely repeated the allegations
of the negligence claims while adding the words
“reckless” and “deliberate.” The court disagreed, PERSONAL INJURY • PREMISES LIABILITY
and denied the defendant’s motion to strike. The
court found plaintiff will still have to convince the Court Finds Defendant Did Not Have
trier of fact that the defendant acted “recklessly” Possession Or Control Of Parking Lot In
to be successful, however plaintiff had alleged
sufficient claims to survive the motion to strike. Slip And Fall

PERSONAL INJURY CASE: Wiggins v. Henry Urena Serv., LLC
COURT: Fairfield J. D. at Bridgeport
DOC. NO.: CV-18-6078768
Court Grants Defendant’s Motion To COURT OPINION BY: Stevens
DATE: June 26, 2020 • PAGES: 9
Strike For Graves Amendment Failure
To Allege Negligence Plaintiff slipped and fell due to an accumula-
tion of ice and snow in the parking lot owned by
defendant 4890 Main, LLC while walking into
CASE: Mencia-Valdez v. Igbinosun the property leased by defendant Henry Urena.
COURT: Fairfield J.D. at Bridgeport Plaintiff sustained injuries as a result of the
DOC. NO.: CV-206092195 fall, and brought the present negligence action
COURT OPINION BY: Jacobs against 4890 Main, who moved for summary
DATE: June 24, 2020 • PAGES: 4
Plaintiff was involved in a motor vehicle colli- judgment on the ground that it had no duty to
sion with a car owned by defendant EAN Hold- remove ice or snow due to the ongoing storm
ings, who rented the car to the driver, defendant doctrine, and on the basis that 4890 Main did
Igbinosun. EAN moved to strike the plaintiff’s not possess control or maintain the parking lot
complaint on the basis of the Graves Amendment of the property through their lease agreement
and Rodriguez, under which the owner shall not with tenant Henry Urena. The court agreed,
be held liable when the vehicle is rented if there is finding that defendant 4890 Main had no pos-
no negligence or criminal wrongdoing on the part session or control of the property through their
of the owner. The court found the plaintiff did not lease agreement with Henry Urena, and that
make any allegations that EAN was negligent or Henry Urena had the duty to clear the parking
acted criminally, and the court granted the defen- lot of snow and ice. As such, the court granted
dant’s motion to strike. summary judgment to defendant 4890 Main.

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