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`DOCKET NO.: HHB-CV-l 6-6032122-8
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`ANGELINA GONZALEZ
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`UDOLF ENTERPRISES, LLC
`A/K/A UDOLF PROPERTIES, ET AL.
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`SUPERIOR COURT
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`.I.D. OF NEW BRITAIN
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`AT NEW BRITAIN
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`JULY 18, 2017
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`MOTION FOR DIRECTED VERDICT AT THE CLOSE OF ALL EVIDENCE
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`Pursuant to Connecticut Practice Book § 15-8 et. seq., Defendant, Udolf Enterprises, LLC
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`a/k/a Udolf Properties, LLC, moves for a directed verdict at the close of all evidence.
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`A directed verdict is warranted if Plaintiff fails to make out a prima facie case of negligence.
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`In all negligence cases, a plaintiff must meet all of the essential elements of the tort in order to
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`prevail, including duty, breach of that duty, causation, and actual injury. RK Constructors, Inc. v.
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`Fusco Corp, 231 Conn. 381, 384 (1994). For the plaintiff to recover for the breach of a duty owed
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`to her, it is incumbent upon her to prove that the defendant had notice of the presence of the alleged
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`unsafe condition. DiPietro v. Farmington Sports Arena, LLC, 306 Conn. 107, 116-17 (2012). The
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`notice, whether actual or constructive, must be notice of the very defect which occasioned the injury
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`and not merely of conditions naturally productive of that defect even though subsequently in fact
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`producing it. Kelly V. Stop & Shop, Inc., 281 Conn. 768, 776, 918 A.2d 249, 255 (2007).
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`In the present matter, Plaintiff has failed to produce any evidence to show that Defendant
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`had either actual or constructive notice of the specific defect alleged.
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`In addition, Plaintiff has also
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`failed to prove that a specific defective condition caused her injuries.
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`Plaintiff cannot make out a prima facie case of negligence, and Defendant is entitled to a
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`dismissal of the action.
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`WHEREFORE, Defendant, Udolf Enterprises, LLC a/k/a Udolf Properties, LLC,
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`respectfully requests that this Court enter a judgment of dismissal due to Plaintiffs failure to make
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`out a prima facie case of negligence.
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`RESPECTFULLY SUBMITTED,
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`THE DEFENDANT,
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`UDOLF ENTERPRISES, LLC, A/K/A
`UDOLF PROPERTIES, ET Al.
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`BY ITS ATTORNEYS,
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`ls/437188
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`Timothy R. Scannell, Esq.
`tscannell@bsctrialattorneys.com
`Christopher J. Farrell, Esq.
`cfarrell@bsctrialatt0rneys.com
`Boyle Shaughnessy Law, RC.
`280 Trumbull Street, 22“ Floor
`Hartford, CT 06103
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`Tel: (860) 952-9800
`Fax: (860) 278-7757
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`CERTIFICATION
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`This is to certify that a copy of the foregoing was or will immediately be mailed or
`delivered electronically or non—electronically on July 18, 2017 to all counsel and self-represented
`parties of record and that written consent for electronic delivery was received from all counsel
`and self-represented parties of record who were or will immediately be electronically served.
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`Bartlett Legal Group, LLC
`126 Elm Street
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`PO BOX 130
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`Cheshire, CT 06410
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`/s/437188
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`Christopher J. Farrell, Esq.
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