Segundo Ordonez v. Flavio Alvarez (2013)

MEMORANDUM OF DECISION

The plaintiff, Segundo Ordonez, commenced this action by a complaint alleging carelessness and negligence on the part of the defendant, Flavio Alvarez, as a result of his failure to inspect and maintain a fire escape on the premises which he owned and which is situated at 3 Ellsworth Avenue in the city of Danbury.

The plaintiff alleged that the defendant allowed a dangerous condition to exist making the fire escape unsafe and that, as a result, the plaintiff suffered serious and painful personal injuries when he fell approximately 20 feet to the ground from the fire escape when a railing became unsecured causing the plaintiff's fall.

The defendant was defaulted for his failure to appear and defend this action on March 21, 2012.   The matter was assigned to the hearings in damages calendar on March 15, 2013.

The plaintiff appeared with counsel and offered evidence and testimony concerning the conditions of the premises and concerning the injuries which he claims to have sustained as a result of his fall.   The defendant did not appear at the hearing on March 15, 2013.

Having heard the testimony of the plaintiff and having considered the exhibits offered into evidence at the time of the hearing, the court makes the following findings of fact.

As owner of the subject premises, the defendant, Flavio Alvarez, had a duty to maintain said premises including the aforementioned fire escape.

The railing in question became detached while the plaintiff was ascending the fire escape in the early morning hours of March 4, 2010, causing the plaintiff to fall approximately 20 feet to the ground below.

As a result of his fall, the plaintiff sustained a left third metatarsal fracture;  a left tibial fracture;  a fibular fracture;  multiple fractures to the left foot;  and pain and suffering.   As a result of those injuries, the plaintiff had to undergo hospital care and treatment and rehabilitative treatment.   As a further result of those injuries, the plaintiff was unable to go to work for a period of time and his enjoyment of life's activities has been diminished.   The unrefuted testimony permits the court to find that the plaintiff sustained a 25% whole person impairment.   The plaintiff has a life expectancy of 28.15 years.

The testimony by the witness, as supported by the exhibits, was that his stay at Danbury Hospital for 12 days was at a cost of $35,408.00, his rehabilitation expenses were $1,235.00, radiology bills amounted to $2,919.00 plus $2,802.00 in follow up costs.   The medical bills were all paid by the State of Connecticut medicaid funds.   The plaintiff asked the court to consider awarding the plaintiff the amount he may be required to reimburse the State, but no figure was provided.

Having made those factual findings, the court orders that judgment enter in favor of the plaintiff and against the defendant as follows:  economic damages are not awarded to the plaintiff as part of this judgment;  non-economic damages are awarded in the amount of $100,000.00 for a total judgment of $100,000.00 exclusive of costs which are awarded in the amount of $362.50.

BY THE COURT

JOSEPH W. DOHERTY, JUDGE

Doherty, Joseph W., J.