Frederick Ollennu v. Rameshbhai Patel et al. (2013)

MEMORANDUM OF DECISION

The plaintiff Frederick Ollennu filed this premises liability lawsuit against his landlords, the defendants Rameshbhai Patel, and his son, Santosh Patel, complaining that he slipped and fell backwards on his hands while taking a tub shower on November 24, 2008, when, without warning, the shower water became scalding hot.   In July 2008, several months prior to the incident, the plaintiff's wife complained to the defendants and subsequently to the local heath department about intermittent and unpredictable scalding water coming from sinks and the tub/shower in their apartment.   Despite these complaints, as of the time of the incident, the matter of the scalding water was not addressed by the defendants.

A trial to the court was held on March 12, 2013.   The plaintiff, his wife and the code enforcement officer for the Town of Windham/City of Willimantic testified.   The full exhibits consist of medical bills and records and the plaintiff's complaint to the North Central District Health Department which includes the Town of Windham and the City of Willimantic.   The plaintiff complains that a burst of scalding water while showering caused him to slip and fall backwards on his hands resulting in re-injury to his left wrist.   On May 15, 2008, the plaintiff saw Dr. Andrew Caputo of Orthopedic Associates of Hartford, P.C., for evaluation of an injury to his left wrist while playing soccer one year prior.   Dr. Caputo noted a “progressive loss of range of motion, the inability to grip, and the inability to weight lift or weight bear with ongoing pain and discomfort.”   Defendants' Exhibit C. On physical examination, the doctor noted “obvious radial-sided wrist pain dorsally of his left wrist with 20 degrees of extension, 10 degrees of flexion, 10 degrees ulnar and 0 degrees radial deviation.”   X-rays of the left wrist showed “end-stage SLAC changes with decreased radioscaphoid space and spur/loose bodies noted.”   Dr. Caputo further noted that he had “[E]nd-stage SLAC wrist degenerative arthritis,” recommended “a SLAC wrist reconstruction involving scaphoid excision with four corner fusion” and indicated that the plaintiff wished to proceed with the surgery.   Id. The plaintiff opted to not have the surgery at that time.

The plaintiff testified that despite his soccer injury, the left wrist did not hurt so much until he fell in the shower and, after the fall, the wrist became “very painful.”   On the day of the fall, his neighbor took him to Windham Hospital.   The Windham Hospital Emergency Department records indicate that the plaintiff came in complaining of left wrist pain as a result of slipping and falling in the shower.   The diagnosis included “an age indeterminate minimally displaced fracture” of his left wrist.   Plaintiff's Exhibit 1. Windham Hospital referred him to Connecticut Sports Medicine where he saw Dr. Scarangella.   Thereafter, on December 23, 2008, he went back to Dr. Caputo who recommended and performed the exact same surgery based on the exact same diagnosis that he noted on May 15, 2008.   Dr. Caputo notes that after his fall on November 24, 2008, the plaintiff had “specific increased pain and limited motion.”   He further noted the same limited wrist motion as previously:  “20 degrees of wrist extension, 10 degrees of flexion, 10 degrees ulnar and 0 degrees radial deviation.”   Plaintiff's Exhibit 3. “X-rays ․ show the chronic SLAC changes with radioscaphoid loss of joint space, maintenance of radiolunate space and “severe lunate DISI.” Id. The surgery took place on January 12, 2009.   Following surgery, the plaintiff had several following up visits and a second surgery for “left wrist deep pin removal” and, on March 19, 2009, was referred to physical therapy.   The plaintiff was given a note to return to work on June 30, 2009.   Id. The plaintiff's exhibits reflect that he engaged in physical therapy from March 23, 2009 to May 11, 2009.   Plaintiff's Exhibit 5. He testified that he has not gone for further physical therapy because he does not have insurance.

Based on a preponderance of the evidence, the plaintiff has proved that he slipped and fell in the shower causing re-injury to his left wrist as a result of scalding water in the shower which occurred suddenly without any action on part of the plaintiff.   The defendants had several months notice of the occurrence of intermittent and sudden scalding water occurring in the plaintiff's apartment that created a dangerous condition, which the defendants failed to remedy.   There is no dispute that the defendants owned the property at the time and that the plaintiff and his wife were tenants pursuant to a lease.   Accordingly, the defendants breached their duty to keep the premises reasonably safe, which was a proximate cause of the injury and damages suffered by the plaintiff.   The plaintiff claims economic damages as follows:

Windham Community Hospital $ 2,073.45

Connecticut Sports Medicine 325.00

Andrew Caputo, M.D 14,168.00

Hartford Hospital 4,537.67

Select Physical Therapy 4,958.00

TOTAL $26,052.12

He makes no claim for lost wages but seeks damages for pain, suffering and scarring as a result for the operation.

There is no dispute that the law concerning pre-existing injuries is consistent with Civil Jury Instruction 3.4–1 as follows:

The plaintiff is entitled to full compensation for all injuries and losses proximately caused by the defendant's negligence even though those injuries and losses are more serious than they otherwise would have been because of a pre-existing condition.   You may not compensate the plaintiff for the pre-existing injury itself.   However, the aggravation of such an injury, proximately caused by the defendant's negligence, is a proper item of noneconomic damages.

Certainly a complicating factor in determining damages in this case is that the plaintiff's physical medical condition, as it relates to his left wrist, was essentially the same before and after the accident.   The surgery, which was recommended on May 15, 2008, was the same surgery performed on January 12, 2009.   At either time, a pin removal would also have had to be performed, he would have needed a significant course of physical therapy and a substantial scar would have resulted.

Under all the circumstances, the court finds that economic damages in the amount of $8,684 was reasonably and necessarily attributable to the defendants' negligence.   The court further finds that $17,500 is a fair, just and reasonable award of non-economic damages.   Although the surgery was likely inevitable for the plaintiff, there is no indication when it would have occurred.   The careless and negligent behavior of the defendants no doubt hastened the plaintiff's need for the surgery.   The court is persuaded that the plaintiff suffered severe pain to his previously injured wrist and interference with life's activities as a result of the defendants' negligence, which “lighted up” or inflamed his previous fracture and arthritic condition.

CONCLUSION

For all the foregoing reasons, the court hereby orders judgment in favor of the plaintiff in the total amount of $26,184 plus costs.

Peck, J.

Peck, A. Susan, J.