CT Court Awards $57K to Man Who Slipped and Fell in Parking Lot

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A court can award economic damages, for medical expenses and loss of wages, and noneconomic damages, for pain and suffering, to an individual who slipped and fell on snow when he took his first step.

The court found the following facts. Plaintiff Daniel Bellantuono transported juveniles from detention facilities to juvenile courthouses as part of his job as a state judicial marshal for the State of Connecticut. On Feb. 14, 2013, Bellantuono and his partner drove to the Willimantic courthouse. Plaintiff allegedly slipped and fell on ice and snow when he took his first step, after he parked the van in the assigned place. He allegedly fell backward, struck his head on the ground and briefly lost consciousness, then recovered and went into the courthouse. His partner, a judicial marshal, observed that the back of Bellantuono’s jacket was wet and that he appeared dazed. When they returned to the van, his partner did not observe sand, salt or ice melt near the driver’s side and concluded that the area seemed untreated. Bellantuono went to Middlesex Memorial Hospital and underwent physical therapy. He was rated with an 8 percent permanent partial impairment of his neck and complained that he continued to suffer from headaches and neck pain. The court found that Bellantuono, a business invitee, slipped and fell as he exited the motor vehicle. Defendant did not adequately removed snow after it snowed on Feb. 10 and had not applied sand or salt to the area since Feb. 9. The snow on Feb. 9 and 10 from Blizzard Charlotte exceeded 22 inches. Defendant, which was responsible for snow removal following Blizzard Charlotte, knew or should have known that the parking lot was unsafe. Defendant, which assumed responsibility for the clean and safe conditions of the parking area, owed plaintiff the duty of reasonable care. Plaintiff suffered a concussion and was diagnosed with post-concussive syndrome, headaches and pain that radiated down his left arm. He was rated with an 8 percent permanent partial disability to his neck. His medical expenses were $11,041 and lost wages were $2,269, for a total of $13,311 in economic damages. The court found that plaintiff’s contributory negligence was 10 percent. “Because the plaintiff admitted that he was looking forward and did not look down toward the ground as he exited the van onto a parking area consisting of compacted snow and/or ice,” wrote the court, “the court further finds that the plaintiff was himself negligent and that the negligence attributable to the plaintiff was 10%.” The court awarded non-economic damages, for pain and suffering, of $50,000, reduced damages 10 percent for contributory negligence, and awarded damages of $56,980.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: CT Law Tribune