Joan Pite v. Jacobs, Grudberg, Belt, Dow and Katz, P.C. (2012)

MEMORANDUM OF DECISION

The plaintiff contacted the defendant law firm to represent her in a claim for personal injuries resulting from a fall on a roadway in the town of Stratford.   Defendant prepared and served a written notice to the town of Stratford pursuant to General Statutes § 13a–149.   Thereafter the defendant instituted a lawsuit on the plaintiff's behalf which was dismissed for deficiencies in the notice provided to the Town of Stratford.   The defendant admits the notice was deficient and also admits that it breached the applicable standard of care relating to the information contained in the notice.   Accordingly the defendant admits responsibility for any damages which would have been recovered by the plaintiff in the lawsuit against the town of Stratford.

On May 29, 2010, the plaintiff was walking in her neighborhood on North Trail approaching its intersection with Oronoque Road in the town of Stratford.   There are no sidewalks in the area where the plaintiff was walking and she was proceeding against the flow of traffic.   As the plaintiff approached the intersection of the roadways, a motor vehicle was making a left turn onto the roadway in which the plaintiff was walking.   The plaintiff moved to her left as to allow the vehicle more room to safely make the turn.   The vehicle was moving slowly and the plaintiff was not “rushing” to get out of the way of the vehicle.   The plaintiff then fell because of the slope of the roadway near a catch basin.   As a result of the fall the plaintiff fractured her left wrist.   The court finds that the plaintiff was acting as a reasonable person in moving to the left and that she was in the exercise of due care at the time of the fall.

The plaintiff claims that when she moved to her left she stepped on to an uneven slope down to a storm drain.   Photographs placed in evidence establish that there was a very steep slope from the normal level of the roadway down toward the catch basin.   The court finds that such a condition constituted a defect in the highway and was the sole proximate cause of the plaintiff's injuries and the town had constructive notice of the defect.

As a result of the fall, the plaintiff sustained a fracture of the left wrist which required an operative procedure to repair.   The plaintiff was treated by her medical providers for nearly six months and was then discharged from their care.   The plaintiff made an excellent recovery and, although her medical providers did not provide a percentage of disability, the court does find that the left wrist is somewhat weaker than the right wrist.   Such a conclusion is supported by the testimony of the plaintiff herself as well as medical reports and therapy reports.   However the plaintiff's primary activities of tennis and craft fairs have been not prohibited but made somewhat more difficult because of the injury to the wrist.   There is no claim for loss of income.   The plaintiff was able to perform her craft operations business and was back to playing tennis prior to the time her medical treatment was concluded.   Accordingly the court finds that the plaintiff is entitled to economic damages in the amount of $24,138.15 and non-economic damages in the amount of $15,000.00.

The respective attorneys have indicated that they believe they will be able to reach agreement upon the amount of the collateral source reduction and the court will leave that determination to the agreement of counsel.   Accordingly, this judgment shall not be effective for a period of 30 days following the date hereof.   If the attorneys are unable to agree, either may request a hearing on the collateral source issues, and if a hearing is requested, this judgment will not be effective until the court rules on that issue.

RUSH, J.

Rush, William B., J.T.R.