Connecticut Jury Favors Property Owner in Slip and Fall Lawsuit

Audrey Smith v. Sheri L. Lee

• Court: Connecticut State, Rockville Division,  Superior Court
• Case Number: TTD-CV22-6025178-S
• Filed: September 6, 2022
• Judges: Cody Guarnieri
• Case Type: T03 – Torts – Defective Premises – Private – Other

Parties Involved

• Plaintiff(s):Audrey Smith
  • Counsel for Plaintiff: Aimee E. Sportini
  • Experts for Plaintiff(s): Kevin Burton | Mark Tebbetts

• Defendant(s):Sheri L. Lee
  • Counsel for Defendants: Cara K. Hale | Law Offices of David J. Mathis
  • Experts for Defendant(s): Thomas L. Hannon, P.E., CFEI, CVFI, CFPS | James Paquin

Verdict Information

• Verdict Date: May 31, 2024
• Total Damages awarded to Plaintiff: $0

About the Case

Cause

Audrey Smith, a resident of Bloomfield, Connecticut, initiated legal action against Sheri Lee in the Superior Court of Tolland on June 15, 2021. The lawsuit stemmed from an incident that occurred on March 10, 2022, at approximately 12:10 pm. Smith, operating under a contract with her business, Happy Paws Pet Care Service, was lawfully present in Lee’s backyard at 36 Cedar Swamp Road, Tolland, as a business invitee. While walking towards Lee’s home, Smith tripped and fell on cracked, broken, and uneven stone steps, sustaining serious injuries.

The complaint alleged that Lee, as the property owner, was responsible for the maintenance, control, and management of the premises. Smith’s legal team argued that Lee had a duty to ensure the property was safe for lawful visitors and failed to do so. The lawsuit claimed Lee was negligent in several aspects, including failure to inspect the steps, allowing a hazardous condition to persist, and not taking preventative measures to ensure safety.

Injury

As a result of the fall, Smith suffered injuries to her right master wrist and forearm, including a distal radius fracture. The complaint detailed that these injuries caused severe pain, mental anguish, and shock to Smith’s nervous system. Additionally, Smith incurred expenses for medical treatment, diagnostic studies, and physical therapy. The lawsuit also claimed that Smith’s injuries affected her ability to work, resulting in lost wages and potential long-term impairment of earning capacity.

Damage

Smith sought monetary damages for medical expenses, lost income, pain and suffering, and diminished quality of life. She stated that the amount in demand exceeded $15,000, placing it within the jurisdiction of the Superior Court. The Slip and Fall lawsuit aimed to recover compensation for both current and potential future losses related to the incident.

Jury Verdict

The Jury found in favor of Defendant and against Plaintiff and awarded to $0 to the Plaintiff in Slip and Fall lawsuit.

Court Documents:

Complaint

Jury Verdict