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CONNECTICUT OPINIONS DECEMBER 21, 2020 ¦ 33

Plaintiff was shopping at a Wal-Mart store floor contained a concealed defect. Beckwith
in Manchester when she slipped and fell on a fell, causing injuries to herself and Alford.
liquid spilled into the aisle, and sustained in- Beckwith and Alford filed a premises liability
juries. The store is owned by a codefendant suit against Caruso, the property owner. Their
Wal-Mart Real Estate Business Trust and complaint alleged that they had been expressly
maintained by codefendant Wal-Mart Stores been invited onto the property by Gray as ten-
East. Defendants moved for summary judg- ant and possessor. Thus, they contended, they
ment, arguing there was no evidence of actual were entitled to the highest duty of care. Caru-
or constructive notice of the spilled liquid, and so moved for summary judgment, arguing that
summary judgment as to WMREBT as they the plaintiffs lacked invitee status. Caruso rea-
did not have possession or control of the prop- soned that no one but the owner was entitled
erty under the lease. Defendants argued that to possession of the property on the day of the
surveillance video from the store shows a man accident. The court denied the motion, hold-
spilling the liquid approximately 10 seconds ing that the plaintiffs had invitee status. Both
before the plaintiff slipped and fell in the liq- parties agreed that, on the day of the accident,
uid, and therefore the defendants lacked notice the owner had not exercised his rights under
of the spill. Plaintiff presented evidence that General Statutes §47a-42a, to execute upon the
a man spilled coffee on the ground more than summary process judgment. In these circum-
20 minutes prior to the slip and fall and there- stances, under established case law, Gray’s ac-
fore defendants had constructive notice. The tual peaceable possession of the property could
court found the conflicting evidence provided not be put to an end without legal process. Ac-
a genuine issue of material fact as to how long cordingly, Gray remained in possession on the
the spill was there, and denied summary judg- day of the accident. The plaintiffs were invited
ment on notice. The court noted that accord- onto the property by a tenant. Thus, plaintiffs
ing to the lease, WMREBT was merely the had the status of invitees.
landowner and owner of the property, but the
defendant Wal-Mart Stores East had actual U.S. DISTRICT COURT
physical possession and control of the prem-
ises. The court granted summary judgment to
defendant WMREBT.
CIVIL RIGHTS • GOVERNMENT

Friends Helping Evicted Tenant Move Plaintiff Seeking §1983 Relief
Personal Property From Residence Failed to Show Offending Police
Were Invitees Officers Acted in Accord With Official
Municipal Policy
CASE: Beckwith v. 96 Rainbow Road, LLC
COURT: Fairfield J.D. at Bridgeport
DOC. NO.: CV-18-6076176
COURT OPINION BY: Welch CASE: Accarino v. Town of Monroe
COURT: U.S. District Court for Connecticut
DATE: November 24, 2020 • PAGES: 9 DOC. NO.: 3:20-cv-00592
COURT OPINION BY: Arterton
Plaintiffs who asserted premises liability claims
against a property owner had the status of in- DATE: December 09, 2020 • PAGES: 6
vitees, where they were invited onto the prem- The court granted a motion to dismiss a §1983
ises by tenants in possession. The court denied civil rights claim. According to a complaint filed
a motion for summary judgment. Defendants by Rachel Accarino and Anthony Pantuso, they
96 Rainbow Road and Frank Caruso owned a were at home when six Town of Monroe po-
residence occupied by Catrene Gray and oth- lice officers arrived at their property and began
ers. Caruso instituted a summary process ac- searching the front, side and back yards without
tion against Gray, which ended with a stipu- a warrant or probable cause. The officers retreat-
lation of judgment of possession. The judg- ed when Accarino and Pantuso confronted them.
ment was stayed until May 25, 2016. On June Accarino and Pantuso filed a §1983 suit against
2, Gray invited plaintiffs Tiyonna Beckwith the town and against Kenneth Kellogg, in his ca-
and Teena Alford to the property to help her pacity as the town’s First Selectman. The district
move personal belongings from the property. court granted the defendants’ 12(b)(6) motion to
Beckwith stepped into a storage space. The dismiss. Under Monell v. Dep’t of Soc. Servs. of

CONNECTICUT
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