Under the 1965 Supreme Court case of Kaplan v. Merberg Wrecking Corporation and its progeny, where two parties with independent duties to exercise reasonable care for the safety of another person separately breach those duties in ways that cause harm to the other person by exposing him to one and the same dangerous condition, equity permits the shifting of all responsibility for the injured person's resulting damages to the party who, by virtue of its control of the dangerous condition to the exclusion of the other negligent party, was the direct and immediate cause of the accident.
Pellecchia v. Connecticut Light And Power Company
Connecticut Appellate Court
December 31, 2012
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