Maria Crespo v. 210 LLC (2013)

MEMORANDUM OF DECISION

The plaintiff has filed a two-count civil complaint seeking money damages from two defendants for personal injuries allegedly suffered in a fall on a stairway in a building located at 111 Chapel Street in New Haven, Connecticut, where the plaintiff was a tenant on June 2, 2010.

The defendant All Star Management, LLC is described in the second count of the complaint as a limited liability corporation transacting business in Hamden, Connecticut and as the property manager for 111 Chapel Street.   This defendant has been defaulted for failure to appear.   Plaintiff's trial counsel indicated that he intends to proceed against that defendant at a future hearing in damages.

The case against the defendant 210 Burwell Avenue, LLC (defendant), which admits that it is the owner of 111 Chapel Street, is alleged in the first count of the complaint, was reached for trial on September 25, 2013 and was heard by this court in a bench trial.

The first count alleges that the defendant is the owner of 111 Chapel Street, that the plaintiff was an invitee residing in that property on June 2, 2013, when she was caused to fall and be injured because of a defective stair railing.   The personal injuries and the resulting medical and hospital expenses are alleged to have been caused by the negligence of the defendant in failing to remedy the defective stair railing when it knew or should have known that it was unsafe and unreasonable not to do so.   Other than admitting that it is the owner of 111 Chapel Street, the defendant has not admitted any of the allegations of the first count.

This case was reached for trial on September 25, 2013.   The only evidence offered by the parties was the testimony of the plaintiff and several exhibits offered by her to establish the liability of the defendant for personal injuries sustained, the expenses incurred, and a photograph of the stairs where she claims to have fallen.   The defendant offered no direct evidence of its own in defense of the case although it did cross examine the plaintiff and argue that the evidence was insufficient to establish liability and the damages claimed.

The court finds the following facts and reaches the following conclusions.   The plaintiff is an individual who on June 2, 2010, was a resident tenant of 111 Chapel Street in New Haven, Connecticut where she enjoyed the status of a business invitee.   The defendant was a limited liability corporation doing business in the State of Connecticut and was the owner of 111 Chapel Street.

The plaintiff lived on the second floor of 111 Chapel Street and had access to the ground floor by way of a common stairway.   During the last week of May 2010 the plaintiff noticed that the handrail which was located on the wall of the entire stairway had become loose.   She telephoned the office of the defendant where she spoke to someone named Michael Stanley and reported the loose handrail.   The loose handrail was not repaired.   Several days after the telephone report the plaintiff was starting to walk from the top of the stairway down the stairs, and when she grabbed the handrail it came off the wall and she was caused to fall down the stairs, receiving some personal injuries.

The court finds that the plaintiff has established that the defendant was negligent with respect to its failure to repair the handrail although they had been notified by the plaintiff of its defective condition in sufficient time to have repaired it before the plaintiff fell and was injured.   The defendant has failed to prove its special defense of contributory negligence.

As a result of the aforesaid defective condition of the handrail the plaintiff was caused to fall on June 2, 2010 and sustained the following personal injuries:  a strain and sprain of the muscles of her right hip, a strain and sprain of the muscles and ligaments of the lumbar spine, various contusions and abrasions of her right leg, an exacerbation of hip sub-acute right SI joint syndrome due to the sprain and strain of that area, and the radiation of pain on a daily basis at the right side of her lower back localized to the SI joint and paralumbar muscles.   She suffers from a chronic lumbar—SI strain and sprain symptomatology which will probably flare up in the future and probably necessitate future medical attention.

The plaintiff is 53 years old, has a life expectancy of 30.5 years, and has been diagnosed as having a 6% impairment of her whole system as a result of injuries received in her fall.

She has expanded money for medical care and attention including hospitals, doctors, and therapy.   She has incurred expenses consisting of St. Raphael's Hospital $2,066.30;  New Haven Radiology Associates $103.65;  Cornell Scott Hill Corporation $130.00;  and Dr. John Cianciolo $4,045.00 for a total of economic damages of $6,344.95.

The plaintiff has suffered economic damages of $6,344.95 and non-economic damages of $18,000.00.   A judgment may enter in favor of the plaintiff as against the defendant 210 Burwell Avenue, LLC for $24,344.95.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.