Tuite v. Hosp. of Cent. Conn.

• Decision Date: 26 March 2013
• Docket Number: AC 34222
• Court: Connecticut Court of Appeals
• Parties: MARK TUITE v. THE HOSPITAL OF CENTRAL CONNECTICUT

MARK TUITE v. THE HOSPITAL OF CENTRAL CONNECTICUT

AC 34222

COURT OF APPEALS OF THE STATE OF CONNECTICUT

Argued February 13, 2013

Officially released March 26, 2013

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(Appeal from Superior Court, judicial district of New

Britain, Pittman, J. [motion to intervene]; Alander, J.

[judgment].)

Cynthia I. Crockett, for the appellant (named plaintiff).

Albert G. Danker, Jr., for the appellee (defendant).

Opinion

PER CURIAM. This appeal arises from a negligence action brought by the plaintiff Mark Tuite¹ against the defendant, The Hospital of Central Connecticut, concerning an injury the plaintiff purportedly suffered when he allegedly slipped on a drop of oil on the floor of the hospital cafeteria while making a salad at the salad bar. Following a bench trial, the court, Alander, J., rendered judgment in favor of the defendant on the plaintiff's complaint and subsequently denied his motion for reargument and reconsideration. On appeal, the plaintiff (1) claims that the court incorrectly applied the mode of operation doctrine² and (2) challenges the court's evidentiary rulings regarding whether the mode of operation of the defendant's salad bar created a hazard of spilled oil and whether the defendant took reasonable steps to discover and remove any hazards. The plaintiff further asserts that the court abused its discretion in denying his motion for reargument and reconsideration.

After examining the record and the briefs and considering the arguments of the parties, we are persuaded that the court correctly rendered judgment in favor of the defendant. The issues raised by the plaintiff were resolved properly in the trial court's thorough and well reasoned memorandum of decision. See Tuite v. Hospital of Central Connecticut, 52 Conn. Sup. 544, A.3d (2011). We therefore adopt the memorandum of...