Anne Noel v. EH653 LLC (2011)

MEMORANDUM OF DECISION

The plaintiff, Anne Noel, brings this action against the defendant, EH653, LLC, claiming that she was permanently injured due to the defendant's negligence.   More specifically, the plaintiff claims that the defendant failed to maintain its premises in a reasonably safe condition, and that this failure caused her to fall in a pothole and injure herself.   The defendant denies that the premises was unsafe;  denies that it had notice of any defective conditions on the premises;  denies that the plaintiff's injuries are as extensive as she claims;  and alleges that the plaintiff's injuries were caused by her own negligence.   This court finds that the plaintiff has proven that she is entitled to a recovery of damages.

Following a court-side trial which took place on April 19, 2011, the court finds the following facts.

1. The plaintiff was an invitee at property located at 655 Main Street, East Haven, CT, which property owned and maintained by the defendant on July 13, 2009.

2. After exiting her car in the parking lot at 655 Main Street, East Haven, CT, the plaintiff fell on a depression in the parking lot which was approximately one foot wide and one inch deep.

3. The depression was open and obvious and visible to the naked eye.

4. The plaintiff's fall caused her to suffer a fractured left ankle.

5. The defendant's President, who testified during the trial, did not have actual notice of the depression prior to the plaintiff's fall.

6. The physical appearance and condition of the depression suggest that, more likely than not, it had been present in the parking lot for a sufficient period of time to give the defendant constructive notice of it.

7. The plaintiff was inattentive in walking over an area which contained an open and obvious defect.

8. The plaintiff's comparative negligence constituted 10% of the cause of her fall.

9. As a result of her physical injuries, which are permanent in nature, the plaintiff incurred medical bills in the amount of $23,400.43.

10. The plaintiff also incurred lost wages resulting from her use of 14 days of sick time, 21 days of vacation time and for 10.5 days for which she was not paid.

11. The plaintiff earned $413.25 per day, making her total for lost wages $18,802.87.

12. The plaintiff has a life expectancy of 39 years.

13. The plaintiff's non-economic damages, which include pain and suffering, permanent injury and loss of ability to carry on and enjoy life's activities, amount to $25,000.

Based on the findings of facts, judgment should enter for the plaintiff as follows.

Economic Damages:  $42,203.30

(Including medical bills and lost wages)

Non–Economic Damages:  $25,000.00

Total Damages:  $67,203.30

Apportionment of Negligence

Defendant:  90%

Plaintiff:  10%

Amount of Judgment reduced by the comparative negligence of the plaintiff:  $6,720.33.

Total Damages to Plaintiff $60,482.97

Robinson, A., J.

Robinson, Angela C., J.