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Connecticut Appellate Court Confirms Trip and Fall Liability Cases Can Be Lost on Failure to Respond to Requests to Admit

by Joseph C. Maya on Aug. 11, 2017

Lawsuit & Dispute Litigation Lawsuit & Dispute  Lawsuit 

Summary: A blog post about a recent Connecticut court decision.

Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

In Marciano v. Olde Oak Village Condominium Assn., Inc., 174 Conn. App. 851 (2017), the Connecticut Appellate Court recently held that failure to respond to a request for admission in a premises liability case defeats any contrary assertions in the plaintiff’s complaint alleging duty and negligence.  The plaintiff tripped and fell on a rock the lawn within three feet of the rear boundary of her condominium unit.  Although condominium declarations stated that the unit owner was responsible for maintaining the area where she fell, the plaintiff claimed that the condominium association exercised control over the area in question and should have remedied the dangerous condition.  When the defendant condominium served requests for admission upon the plaintiff asserting that she was responsible for the area immediately adjacent to her condo unit, the plaintiff never responded or denied the requests for admission.  The Connecticut Appellate Court granted summary judgment in favor of the defendant condominium because the plaintiff could not raise any issue for a fact-finding jury to decide.  Requests for admission can be a remarkably effective tool in premises liability cases to filter the issues of responsibility down to a few simple matters to be determined for or against a party.

If you have questions about how your premises liability or personal injury case might be impacted by requests for admission, please contact the litigation attorneys at Maya Murphy, P.C.


Source: Maciano v. Olde Oak Village Condominium Assn., Inc., 174 Conn. App. 851 (2017).

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