Doherty v. Sorrentino, et al.
Annotate this CasePlaintiff William Doherty appealed the grant of summary judgment to defendant Alphonse Sorrentino. On the morning of November 8, 2019, plaintiff walked a short distance from the Village Inn to the Woodstock Inn in Woodstock, Vermont. It was not precipitating at that time. He remained at the Woodstock Inn for about fifteen minutes. It began to snow as he left the Woodstock Inn to return to the Village Inn. Plaintiff slipped and fell on a sidewalk abutting 81 Central Street. Snow had lightly accumulated on the sidewalk. Defendant arrived after plaintiff fell but before an ambulance transported plaintiff to a local hospital. Defendant was also the sole owner of ACS Design Build and Construction Services, LLC, both of which had main offices at 81 Central Street. The sidewalk was owned by the Town of Woodstock. The Town had an ordinance that required owners of property abutting a [Woodstock] Village sidewalk clear accumulated snow or ice for pedestrian traffic to a minimum width of three feet, and within twenty-four hours of such accumulation. No accumulated snow had been cleared at the time plaintiff fell. Plaintiff sued, alleging that defendant, in his personal capacity, breached a duty to plaintiff to clear the sidewalk of snow, which was the proximate cause of plaintiff’s injury. In moving for summary judgment, defendant argued that he owed no duty to plaintiff because: neither defendant nor the owner of the building, Tanglewood, owned or controlled the sidewalk on which plaintiff fell; landowners abutting public sidewalks owed no duty to the public to keep the sidewalk in a safe condition; and the municipal ordinance did not otherwise create a duty to plaintiff. The civil division awarded summary judgment to defendant concluding plaintiff did not bear his burden to show that defendant knew or should have known of a dangerous condition on the sidewalk. The court determined that plaintiff failed to offer any basis to reach defendant’s personal assets as sole shareholder of Tanglewood, and that plaintiff did not allege defendant owned or controlled the sidewalk where plaintiff fell. The court found that the municipal ordinance did not create a duty of care to plaintiff. Finding no reversible error in the trial court judgment, the Vermont Supreme Court affirmed.
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