Grant v. McDonald's Corporation, No. Cv93-0525054s (Aug. 6, 1996)
Opinion of the Court
On June 28, 1994, Grant filed an amended revised complaint. In the first count, Grant alleges that McDonald's was negligent in that Grant slipped on the restaurant floor which had just been washed and left in an unreasonably slippery condition. As a result of said negligence, he was injured and required medical treatment. In the second count, Grant alleges that as a result of McDonald's negligence, he will continue to suffer a loss of his enjoyment of his life's leisure activities and will suffer a diminution of his future earning capacity.
On May 16, 1995, McDonald's filed a motion for summary judgment and a memorandum in opposition on the ground that there is no genuine issue of material fact regarding McDonald's liability in this action. CT Page 5261-KKKKK
Practice Book § 384 provides that summary judgment, "shall be rendered forthwith if the pleadings, affidavits, and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Suarez v. Dickmont Plastics Corp.,
McDonald's denies that it had possession or control of the premises at the time of this accident. McDonald's argues that according to the franchise and lease agreements with Washington, he maintained possession and control of the premises. Specifically, McDonald's argues that according to paragraph 7.03 entitled, Waiver of Claims, of the franchise agreement, Washington agreed to keep and maintain the restaurant, its equipment and furnishings in good repair. The provision states in pertinent part: "Landlord and Landlord's agents and employees will not be liable for, and Tenant waives claims for, damage to persons or property sustained by Tenant or any person claiming through Tenant resulting from any accident or occurrence in or upon the Premises or the building of which they are a part, including, but not limited to, claims for damage resulting from: (c) injury done or occasioned by wind, water or other natural element." Leasing Agreement, pages 9-10. CT Page 5261-LLLLL
Paragraph 4.02 entitled, Maintenance and Repair, provides in pertinent part: "Tenant will, at its expense, (a) keep the entire Premises, all improvements, utility lines and Tenant's or Landlord's fixtures and equipment at all times in good repair, order or condition." Leasing Agreement, page 6.
In opposition, Grant claims that there are genuine issues of material fact regarding who had control of the premises at the time and location of the accident. Grant claims that Washington was required to follow the "McDonald's System" in terms of its business policy and procedure pursuant to the terms of the franchise and license agreements. This system allegedly dictated practices relating to cleanliness such as mopping the floor.
"Liability for injuries caused by defective premises is not based upon title, but on possession and control." Farlow v.Andrews Corp.,
In the present case, there are no genuine issues of material fact regarding the liability of each party defendant based upon who had control of the premises at the time of the accident. The leasing agreement between the parties explicitly provides that Washington retained exclusive possession or control of the premises. McDonald's, by agreement, is absolved from liability if an accident occurred on the premises. Therefore, there are no genuine issues of material fact as to whether McDonald's was in possession and control of the premises and is liable for the condition of the floor at the time of the accident. Accordingly, McDonald's motion for summary judgment is granted.
M. Hennessey, J. CT Page 5261-MMMMM
Case-law data current through December 31, 2025. Source: CourtListener bulk data.