Jacqueline Pecoraro et al. v. Saul Barzallo (2011)

MEMORANDUM OF DECISION

This matter has come before this court as a Hearing in Damages as a result of the defendant's failure to appear to defend this action.

The plaintiff was a tenant of the defendant and she resided on the second floor of the defendant's property.   On August 8, 2008 plaintiff claims as she was descending the stairs at 106 Crest Avenue in East Haven, Connecticut, while carrying her baby daughter who is also a plaintiff, that they both sustained injuries because of a defective banister.   Plaintiff alleges both of them were injured due to the negligence of defendant related to their fall.

Plaintiff Jacqueline Pecoraro has submitted medical bills totaling $10,244.27 relating to injuries to her low back, and left ankle and foot with no fractured or misalignment of those areas.   The reports also state a later injury occurred on September 6, 2008 on the same stairs when she then injured her neck, back and legs with resulting pain in the affected areas.   The orthopedic physician treating her found she had a chronic lumbar strain.

This court finds the plaintiff is entitled to economic damages for her medical bills the sum of $10,244.27, and non-economic damages for her pain and suffering in the sum of $20,000.00 for a total sum of $30,244.27.

The bills incurred for the baby were $1,490.44, but the medical reports indicate there was no significant injury to the 11–month–old baby who was in the arms of her mother.   This court therefore finds non-economic damages of $1,000.00 for a total of $2,490.44 for the baby.

Howard F. Zoarski

Judge Trial Referee

Zoarski, Howard F., J.T.R.