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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bushy v. Forster, 50 Conn. App. 233 (1998)

Citation
Bushy v. Forster, 50 Conn. App. 233 (1998)
Parent Document
Bushy v. Forster, 50 Conn. App. 233 (1998)
Jurisdiction
Connecticut (state)
Effective Date
1998-09-01

Full Text

1,172 chars
The plaintiff claims that the trial court improperly failed to charge the jury (1) that, pursuant to General Statutes § 47a-7 (a) (2), a landlord has a statutory duty to keep demised premises fit and habitable; (2) that if falling snow somewhat increased the danger of the underlying defect and amounted to no more than an incidental and slight cause of the plaintiffs injuries, the *236jury must find that the preexisting ice and not the new precipitation was the proximate cause of the plaintiffs injuries; (3) that pursuant to General Statutes § 47a-16 (b), the landlord has a right and duty to inspect the premises; (4) that if the jury found that there was no written lease, the plaintiff was a month-to-month tenant, and the defendants were under a legal duty to repair the premises and were responsible for the injuries; (5) that the defendant had a continuing duty to repair the premises; (6) that “premises” is defined in General Statutes § 47a-l (g) as including appurtenances and grounds; (7) that momentary inattention on the part of the plaintiff does not constitute contributory negligence; and (8) that the plaintiff should be presumed to exercise due care.