Private and Public Nuisance Claim Dropped in Personal Injury Dispute

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Defendant owners moved to strike the nuisance claim in plaintiff invitee's personal injury action on the ground that it failed to state a valid claim of private or public nuisance under controlling Connecticut case law.

The invitee sued the owners to recover money damages for injuries he claims to have suffered when he fell on ice on property maintained and/or controlled by the owners. The invitee made claims for negligence, recklessness, and nuisance. The court agreed with the owners that the invitee failed to state a valid claim of private nuisance because, if proved at trial, the allegations would not establish that the invitee was injured in relation to a right he enjoyed by reason of his ownership of an interest in land. He also failed to show a public nuisance because he did not suffer his alleged injuries while exercising a public right. As a result, the nuisance claim had to be stricken from the complaint. The motion to strike was granted.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Scully v. Bazilian, 2004 Conn. Super. LEXIS 763, 2004 WL 780168 (Conn. Super. Ct. Mar. 24, 2004)