William Torres v. 142 Portsea LLC

Case Background

On October 18, 2021, William Torres filed a Slip and fall lawsuit against 142 Portsea LLC in the Connecticut State Superior Court of New Haven Division (Case number: NNH-CV21-6118262-S). Judge Kevin Murphy presided over the case.

Cause

William Torres sued 142 Portsea LLC for compensation after a slip and fall accident on November 12, 2019, at 8:30 p.m. Torres, either a tenant or an invitee, was at the property at 142 Portsea Street in New Haven, Connecticut. While descending the front porch stairs of his residence, he slipped and fell due to ice and snow accumulation on the steps. 142 Portsea LLC owned, managed, and controlled the premises at the time. Torres claimed the defendant failed to maintain the property safely for lawful visitors. He argued that 142 Portsea LLC had a duty to keep the premises safe and prevent such accidents.

Injuries

As a result of the fall, Torres suffered multiple injuries, some potentially permanent. The complaint detailed a cervical spine injury (neck), a lumbar spine injury (lower back), a left shoulder injury, a left upper extremity injury (arm, elbow, or hand), and emotional distress. These injuries caused significant pain and reduced Torres’s ability to enjoy life. They affected his daily tasks and previously enjoyed activities.

Damages

Torres incurred substantial medical expenses and anticipated future medical care. He experienced significant pain and suffering and a loss of enjoyment of life. The emotional distress from the incident added to his damages. Torres sought monetary damages exceeding $15,000, exclusive of interest and costs, to cover current and future medical expenses, pain and suffering, loss of enjoyment of life, and other related damages.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):William Torres
    • Counsel for Plaintiff: R Bracken, Esq.

 

  • Defendant(s):142 Portsea LLC
    • Counsel for Defendants: Philip R. Dunn, Jr.

Claims

In his Slip and Fall lawsuit, Torres claimed 142 Portsea LLC was negligent in several key aspects:

  • Allowing the front porch stairs to remain defective, slippery, and dangerous.
  • Failing to remove accumulated snow and ice from the stairs.
  • Neglecting to warn Torres and others about the hazardous condition.
  • Not roping off the dangerous area or placing warning cones.
  • Failing to apply sand or salt to the stairs to mitigate the slipping hazard.
  • Overall failure to maintain the steps and ensure the premises’ safety.

Torres argued that these acts of negligence directly led to his fall and injuries. He claimed 142 Portsea LLC breached its duty of care by not properly maintaining the property and ensuring the safety of tenants and invitees.

 Defense

142 Portsea LLC responded with an answer and special defense. They admitted to owning the premises but claimed insufficient knowledge or information about most of Torres’s allegations, including his status as a tenant or invitee, the accident details, and the extent of his injuries and damages. They denied the negligence allegations.

In their special defense, 142 Portsea LLC argued that if Torres sustained any injuries, they resulted from his own negligence. They claimed Torres failed to keep a proper lookout, was inattentive, and did not use reasonable care to avoid injury. They also asserted that Torres failed to observe open and obvious conditions, inspect the premises adequately, take necessary safety precautions, and use the available handrail.

Jury Verdict

On April 18, 2024, the jury found in favor of the defendant, 142 Portsea LLC, against the plaintiff, William Torres in slip and fall lawsuit.

 Court Documents:

Complaint

Answer

Jury Verdict