Vasquez-Alfaro, Maria v. Cappuccia, Gennaro

Case Background

On  April 18, 2022, Maria Vasquez-Alfaro filed a premises liability lawsuit alleging defective conditions of the stairway and negligence before the Connecticut State, Superior Court, Bridgeport Division. Judges Charles Reed, Kristin Connors, Thomas Welch, and William Clark presided over this case. [Case number: FBT-CV22-6114619-S]

Cause

Defendant Gennaro Cappuccia owned, controlled, and maintained the property at 35 North Taylor Avenue in Norwalk, Connecticut. This included the stairs leading to the front door. On June 12, 2020, at 6:30 a.m., Plaintiff Maria Vasquez-Alfaro was descending these exterior stairs. She used the handrails for support. However, the handrail collapsed due to poor installation. This dangerous and defective condition caused her to fall. As a result, she suffered injuries and losses.

Injury

Due to the negligence, Maria sustained several injuries, some of which may be permanent. She experienced pain and injury in her right arm, wrist, foot, and leg. Additionally, she fractured her right arm and wrist. Maria endured significant mental and physical pain and suffering as a result.

Damages

Due to the negligence, Maria had to spend significant amounts of money on hospital care, medical prescriptions, diagnostic tests, and therapy, all essential for her recovery. Maria could not participate in or enjoy her usual activities. Moreover, she missed work, leading to a financial loss and a reduced ability to earn a living.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Maria Vasquez-Alfaro
    • Counsel for Plaintiff(s): Michael A. Albaugh
  • Defendant(s): Gennaro Cappuccia
    • Counsel for Defendant(s): Miles N. Esty

Claims

The incident resulted from Defendant Gennaro Cappuccia’s negligence in several ways:

He failed to maintain the handrails on the stairs properly. Additionally, he did not inspect the handrails adequately. He also neglected to install the handrails correctly. Furthermore, he did not provide continuous guards on both sides of the stairway, violating Connecticut State Building Code section R312.1. Moreover, he failed to install continuous handrails on one side of the stairway, breaching sections R3115.6 and R311.5.6.2 of the Connecticut State Building Code. He also neglected to warn Maria about the dangerous and defective condition.

Gennaro knew or should have known about these issues through reasonable care and inspection. However, he failed to take the necessary measures to remedy the problems, demonstrating carelessness and negligence.

Defense

The defense denied liability for the Plaintiff’s injuries. The defense argued comparative negligence. By way of special defense, they asserted that her recovery is barred or must be proportionately reduced as she failed to keep a lookout, failed to observe and avoid the alleged defense, and failed to exercise reasonable care for her own safety.

Jury Verdict

On May 31, 2024, the Connecticut jury returned the verdict in favor of the Plaintiff. In Section One, the jury decided the percentage of negligence. 60% of the negligence was attributed to the Defendant and 40% to the Plaintiff. In Section Two, the jury determined the total damages as follows;

  • Economic Damages (medical bills): $7,789.62
  • Non-economic damages (past and future): $16,666.67

The total damages came up to $24,456.29

In Section Three, the jury decided the allocation and award of damages. Maria received $14,673.77 in damages after accounting for her comparative negligence.

On the same day, Judge Kristin Connors entered a judgment consistent with the verdict.

Court Documents:

Complaint

Answer

Verdict