Jeffrey D. Bausch Jr. Obtains Win at Appellate Court

On January 31, 2023, the Connecticut Appellate Court issued a decision affirming the Connecticut Superior Court’s decision granting summary judgment on behalf of the defendants. See Joseph M. Booth v. Park Terrace II Mutual Housing Limited Partnership et al., 217 Conn. App. 398 (2023) (AC 45094). The Appellate Court also affirmed the Superior Court’s decision to deny the plaintiff’s request to amend his complaint and motion to preclude expert testimony. Attorney Bausch argued the case before the Appellate Court on November 8, 2022 on behalf of two design professional defendants.

In this case, the plaintiff brought a premises liability action for injuries allegedly sustained at a property in the City of Hartford. The Appellate Court agreed with the Superior Court that, inter alia, uncontroverted expert testimony showed that the alleged fall occurred on the public right of way, rather than private property, and that the land records produced by the plaintiff did not create a genuine issue of material fact. The Appellate Court also affirmed the trial court’s decision to deny the plaintiff's request to amend because the request was filed on the date of oral argument of the motion for summary judgment and that to allow such an amendment would prejudice the defendants, as it would alter the substance of plaintiff’s claims by alleging new theories of liability. The Appellate Court affirmed the trial court’s decision to deny the plaintiff’s motion to preclude expert testimony because the plaintiff inadequately briefed the issue.

The full text of the Appellate Court’s opinion can be found here AP217$$$53 (ct.gov).

Jeffrey D. Bausch Jr. is an associate in the Firm’s New Haven office. Mr. Bausch practices in the areas of environmental law, land use permitting, real estate, and administrative proceedings. Attorney Bausch can be reached directly at jbausch@uks.com and 203-786-8314.