Rosalba Chiulli v. OSJ of Berlin, LLC

Case Background

The Negligence case was filed on April 11, 2022 by Plaintiff Rosalba Chiulli in the Connecticut  State, Circuit Court of  New Britain Division (Case number: HHB-CV22-6071826-S) and was presided over by Judge Kimberly Knox, Lisa Morgan, and Robert Young.

Cause

On March 9, 2020, the plaintiff was lawfully present at the defendant’s retail store, Ocean State Job Lots, in Berlin, Connecticut. While shopping for toilet paper, the plaintiff suddenly experienced the collapse of a shelf. The shelving and its items fell directly onto the plaintiff’s head, neck, face, and upper back. This incident and the resulting injuries were a direct and proximate result of the defendant’s negligence through the actions or omissions of its agents, servants, or employees.

Injuries

Due to the defendant’s negligence, the plaintiff suffered serious and painful personal injuries, including a right shoulder injury, upper back injury, facial injury, neck injury, and mouth injury. The plaintiff endured physical pain and suffering as a result.

Damages

The plaintiff’s injuries were not due to any voluntary act on their part. The injuries would not have occurred if not for the defendant’s negligence. Consequently, the plaintiff incurred and will continue to incur future expenses for necessary medical care, including medication, x-rays, diagnostic testing, surgery, and therapy, leading to financial loss. Additionally, the plaintiff experienced mental anguish, frustration, and anxiety from the injuries and a diminished capacity to enjoy life’s activities compared to before the incident.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Rosalba Chiulli
    • Counsel for Plaintiff:  J. Webber, III, Esq
  • Defendant(s):OSJ of Berlin, LLC
    • Counsel for Defendants: Bruce H. Raymond

Claims

The plaintiff claimed that the defendant was negligent by failing to address a known dangerous condition with the shelving, neglecting to inspect it to ensure safety and sturdiness, and not placing any warning signage to alert customers, including the plaintiff, of the hazardous condition. The defendant and its representatives maintained control over the shelving.

Defense

The defendant, OSJ of Berlin, LLC, denied the plaintiff’s allegations of negligence. They claimed the plaintiff’s own negligence was the proximate cause of the injuries, asserting that the plaintiff failed to maintain a reasonable lookout, be aware of their surroundings, and exercise reasonable care for their own safety. Further, the defendant argued that the plaintiff’s negligence was sufficient to bar or proportionally reduce their claims under §52-572h of the Connecticut General Statutes. Additionally, the defendant left it to the plaintiff to prove the extent of their injuries, damages, and losses and denied that the defendant’s negligence caused the harms.

Jury Verdict

On August 7, 2024, the jury rendered a verdict in favor of the defendant and against the plaintiff in a Negligence case.

Court Documents:

Complaint

Answer

Jury Verdict