Korik v. Park Royal, No. Cv89 258844 (May 3, 1994)
Opinion of the Court
The law of the case is a flexible principle which expresses the practice of judges generally to refuse to reopen what has been decided. [Breen v. Phelps],
With respect to the plaintiff's argument that General Statutes §
As it existed on July 19, 1987, the date of the fire in the plaintiff's apartment, General Statutes §
29-292 required that the state fire safety code include a regulation mandating that smoke detection and warning equipment be provided to multifamily residential buildings [for which a building permit was issued on or after October 1, 1976]. The relevant portion of the applicable version of §29-292 merely authorizes the state fire marshall to promulgate regulations setting forth the responsibilities of building owners. [For this reason, §29-292 does not impose a duty itself].Nevertheless, even if §
29-292 did impose a duty, [that duty did not exist for buildings for which no building permit was issued after October 1, 1976]. . . .The plaintiff points out that §
29-292 was amended by Public Act 87-2, which deleted the building permit and October 1, 1976 date limitation, thereby requiring all multifamily residential buildings to be included in the mandatory smoke detector regulation. The legislature approved Public Act 87-2 on July 22, 1987 and deemed it effective as of that date. . . . Public Act 87-2 became effective three days [after] the fire in the plaintiff's apartment and, therefore, does not apply to the plaintiff's cause of action. CT Page 4791
(Emphasis added.) (Memorandum of decision re: Park Royal's motion for summary judgment at pp. 4-5.)
With respect to the plaintiff's argument that § 19-3.4.4.1 of the state fire safety code creates a duty to install smoke detectors and other fire safety equipment, Judge Spear ruled that:
No fire safety code regulation could have imposed a duty upon the defendant that was not authorized by the enabling legislation. . . . [D]efendant owed no duty to the plaintiff to install fire detection equipment pursuant to the fire safety code.
(Memorandum of decision at p. 6.)
With respect to the plaintiff's argument that the duty to install smoke detectors and fire safety equipment exists at common law, Judge Spear held that:
Absent allegations or evidence of specific problems relating to the lack of smoke detection equipment prior to the fire, the plaintiff has not established a basis for holding the defendant liable because no common law duty to provide such equipment exists.
(Memorandum of decision at p. 7.) Based on these rulings, Judge Spear entered summary judgment in favor of defendant Park Royal.
Judge Spear's ruling that the building owner, Park Royal, had no duty to install smoke detection equipment, must also apply to the building's managing agent Levy. If both the statute and the common law do not impose a duty upon the building owner in this situation, then they cannot impose such a duty on the owner's managing agent. Because the plaintiff makes the same arguments and presents the same evidence in opposing Levy's motion for summary judgment (which is practically identical to Park Royal's prior motion for summary judgment), those arguments must fail in light of Judge Spear's previous ruling on Park Royal's motion for summary judgment (#127).
Accordingly, the court adopts Judge Spear's ruling and CT Page 4792 grants Levy's motion for summary judgment (#136).
BALLEN, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.