Theresa Gibson v. Denmo’s Original Drive-In, LLC

Case Background

The Slip and Fall lawsuit was filed on August 10, 2022, by Plaintiff Theresa Gibson in the Connecticut State Superior Court, Waterbury Division (Case Number: UWY-CV22-6066825-S) and was presided over by Judge Carletha Parkinson.

Cause

Theresa A. Gibson, a senior citizen residing in Oxford, Connecticut, visited Denmo’s Original Drive-In LLC on March 27, 2022, at approximately 6:00 p.m. The drive-in eatery, located at 340 Main Street South, Southbury, Connecticut, catered to a large population of elderly and senior citizens due to the town’s numerous over-50 and senior housing facilities. After placing her order at the walk-up window, Gibson walked back to her vehicle to wait. On her way, she stepped on a loose, uneven surface covered with leaves and debris, which obstructed her view. This incident occurred on the path between the walk-up counter and the parking area. The defendant allegedly had actual or constructive notice of the defective condition but took no steps to remedy it or warn patrons of the hazard.

Injuries

As a result of the fall, Gibson suffered numerous injuries. She sustained fractured facial bones and a laceration to her face. Additionally, she experienced a left shoulder injury and injuries to her cervical and lumbar spine. Her left hip area was also injured. Gibson had a closed head injury, which resulted in headaches. There was swelling and deformity to her face, along with scarring. Gibson also experienced anxiety and stress due to the incident. Emergency services transported her to Waterbury Hospital, where medical professionals evaluated and treated her injuries.

Damages

Gibson incurred substantial financial liability due to her injuries. She required medical assistance, physical care and treatment, prescription medication, physical therapy, and medical testing. The plaintiff is likely to incur additional medical costs in the future. Beyond the physical injuries, Gibson suffered extreme physical pain, mental anguish, and anxiety, which she may continue to experience. The incident also resulted in a loss of life’s enjoyments and permanent impairment for Gibson.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Theresa Gibson
    • Counsel for Plaintiff: Andrew J. Pinaka
  • Defendant(s):Denmo’s Original Drive-In, LLC
    • Counsel for Defendants: Christopher S. Acquanita

Claims

The plaintiff claimed that Denmo’s Original Drive-In LLC was negligent in several ways, including failing to maintain a reasonably safe walkway, not providing warnings about the hazardous condition, inadequate inspection of the area, failure to remedy known defects, and allowing leaves and debris to conceal dangerous conditions which renders them liable for Premises liability. Gibson also alleged that the defendant invited the public, including elderly and frail individuals, to patronize their facility despite knowing or having reason to know about the hazardous conditions. The plaintiff sought monetary damages, costs, and any other relief the court deemed just and proper. The amount in demand exceeded $15,000, exclusive of interest and costs.

Defense

The defense responded to Theresa Gibson’s lawsuit against Denmo’s Original Drive-In LLC with an answer and special defenses to the amended complaint. In their answer, the defendant denied the existence of a loose, uneven surface or defect on their property. They also denied the plaintiff’s allegations regarding the fall and resulting injuries. For many of the plaintiff’s claims, the defendant stated they had insufficient knowledge to admit or deny the allegations, leaving the plaintiff to prove her case.

The defense presented a special defense, asserting that any damages to the plaintiff were caused by her own negligence. They claimed that Gibson failed to exercise due care for her own safety and did not act as a reasonably prudent person would have in the circumstances. Specifically, the defense alleged that Gibson did not walk carefully or observe the area around her. They argued that she failed to use her sense of observation and sight properly, did not keep a proper lookout, and was not watchful of her surroundings.

Jury Verdict

On February 20, 2024, the jury found in favor of the defendant, Denmo’s Original Drive-In LLC, and against the plaintiff, Theresa Gibson in Slip and Fall lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict