To prevail on a motion for summary judgment, the defendant had an obligation to negate the factual claims as framed by the complaint; before the plaintiff acquired any obligation to produce evidence that would tend to show that the defendant had notice of the alleged premises defect, the defendant had the burden of producing evidentiary support for its assertion that its lack of notice was an undisputed fact.
Mott v. Wal-Mart Stores East, LP
Connecticut Appellate Court
December 24, 2012
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