Top 100 Connecticut Trial Lawyer Peter Rotatori, III Settles another Private Residence Slip and Fall Knee, Back and Shoulder Premises Liability Case
The plaintiff was an Ansonia, New Haven County Connecticut resident who attempted to deliver flower bed fertilizer to the defendant a resident of New Milford, Connecticut. While exiting his pickup truck, the plaintiff slipped and fell on black ice located in the center of the defendant's driveway. The plaintiff sustained the following personal injuries causally related to his fall: a right knee medial meniscus tear, low back strain sprain and right shoulder rotator cuff attenuation. The plaintiff had right knee arthroscopic surgery performed by Dr. Richard Matza of Waterbury, Connecticut. The injured party was assigned a five percent permanent partial impairment of the right knee causally related to his slip and fall as supported by the medical report issued by the plaintiffs orthopedic surgeon and treating physician. The plaintiff was 44 years of age. He sustained no wage loss from the fall. The plaintiff had a modest Medicaid lien which resulted in subrogation by the State of Connecticut. This case was resolved two years post accident for a full and final settlement of $65,000.00
A Connecticut premises liability "fall case" requires that a party prove:
- A defect
- Notice by the defendant of the defect
- A causal relationship between the defect and the personal injuries sustained by the plaintiff
The plaintiff was able to make such a prima facie proof. The defendant homeowner had a driveway that was sloped in such a way that it diverted rain water to the center of the driveway which resulted in water accumulation. This structural defect had existed for a substantially long enough period of time that it allowed for proof of constructive notice to the defendant. Additionally, the drain was clogged in the center of the driveway. Within 30 minutes prior to the plaintiffs slip and fall, the defendant had walked her dog in the general vicinity where the plaintiff had fallen and was aware of a defective, dangerous and slippery condition. Hence, the defendant home owner had actual notice of a dangerous condition.
The defendant admitted that she was aware that the driveway where the plaintiff fell was slippery but she failed to warn the plaintiff of the dangerous and defective condition. The defendant provided the plaintiffs private detective, Lara Kolesnik, with a statement indicating that she had notice of the slippery condition prior to the plaintiffs fall but failed to notify the plaintiff within the early morning hours before the plaintiff made his delivery. The statement provided by the defendant was strong evidence which refuted weather records that could not substantiate that the atmosphere was cold enough to cause rain water to "freeze over".
The written admission by the party defendant that her drive way was slippery allowed the plaintiffs attorney to settle the above captioned premises liability case with the defendant's home owner's liability carrier who indemnified the defendant. There were no workers' compensation medical payments, indemnity pay out or workers' compensation lien as the plaintiff was working privately for the defendant around the defendant's personal residence. This slip and fall case was resolved to the full satisfaction of the injured plaintiff because the plaintiffs investigators did an excellent job of securing salient material facts which included a party admission of liability.
If you have been injured in a slip and fall at a private residence feel free to contact attorney Peter Rotatori, III of The Rotatori Law Firm of Southbury, Connecticut for immediate help with your personal injury claim. Our law firm has been in private practice for over 50 years and has investigators and engineers who are willing to help you develop the necessary liability proof so that you may be fully and fairly compensate for your personal injuries, losses and damages.
