Jonathan W. Kelly recently obtained summary judgment in a premises liability action in which he was defending the owners of a residential premises in West Hartford. The plaintiff, who was renting the residential premises from the homeowners, alleged that she fractured her elbow after she slipped on a large accumulation of water on the kitchen floor that was caused by a malfunctioning icemaker/water dispenser in the refrigerator. The plaintiff claimed that she had advised the defendant homeowners that the icemaker had been making a grinding noise for several months, and that the defendants had failed to remedy the condition. The defense argued that, even if the plaintiff had made such a complaint, the complaint would only constitute notice that the icemaker made noise, but not notice of the specific condition that actually caused the plaintiff’s fall, i.e., a tendency or possibility of water discharging from the dispenser of its own accord. It was also argued that the defendants did not owe a duty of care to the plaintiff because they did not retain either possession or sufficient control of the subject refrigerator according to a proper interpretation of the lease. The Court agreed with both arguments and granted the defendants’ motion for summary judgment.