James Papp, et al vs. Hedgerow Properties, LLC

Case Background

On November 22, 2022, Plaintiff James Papp and Jessica Papp filed a Premises Liability lawsuit in the Connecticut State, Superior Court of Waterbury Division (Case number: UWY-CV22-6069124-S). Judge W. Pierson presided over the case.

Cause

On November 4, 2021, James Papp, a resident of Torrington, Connecticut, experienced a severe fall at 351 N Main Street in Winsted, Connecticut. Hedgerow Properties, LLC, a domestic corporation based at 2 Hedgerow Common in Weston, Connecticut, owned, controlled, managed, and maintained the property. Papp, a lawful invitee, was leaving the property when he tripped and fell violently down the exterior stairway. The defective and dangerous stairway, which violated Connecticut State Building Code requirements, caused the fall. Hedgerow Properties, through its agents, servants, and/or employees, was responsible for maintaining the property, including the stairway where the accident occurred.

Injuries

James Papp suffered serious injuries directly from the fall, including:

  • Multiple bilateral rib fractures causing severe pain
  • Fractures of the proximal end of the right tibia and fibula, leading to right knee and leg injuries
  • Chest and abdominal injuries, including an abdominal wall hematoma
  • Head trauma resulting in abrasions, a large hematoma, and a traumatic brain injury
  • A right shoulder injury, including a fracture of the head of the right humerus
  • Pulmonary embolism
  • Deep venous thrombosis in both legs
  • Stenosis of the iliac vein in his right leg

In addition to these physical injuries, Papp experienced significant anxiety, scarring, and substantial mental, physical, and emotional trauma. The complaint noted that some of Papp’s injuries were not fully identified at the time of filing.

Damages

Papp’s injuries caused substantial financial and personal losses. He incurred significant medical expenses for:

  • Emergency medical treatment
  • Hospitalization
  • X-rays, MRIs, and other diagnostic tests
  • Medical care and treatment
  • Surgery
  • Rehabilitation services
  • Infectious disease treatment
  • Medication

Papp endured prolonged physical pain, mental anguish, and emotional suffering beyond the immediate medical costs. His injuries impaired his ability to work, resulting in lost wages and diminished earning capacity, both at the time and possibly in the future. The accident limited his quality of life, preventing him from engaging in and enjoying usual activities. He suffered permanent lifestyle impairment and faced an increased risk of future harm due to his injuries.

Key Arguments and Proceedings

Legal representation

  • Defendant(s): Hedgerow Properties, LLC
    • Counsel for Defendants: Christian Sterling

 

Claims

James Papp filed two primary claims against Hedgerow Properties, LLC in a Premises Liability Lawsuit:

Premises Liability: Papp alleged that Hedgerow Properties was negligent in maintaining the property. The complaint detailed how the company failed in its duty of care by:

  • Not properly inspecting the exterior stairway for dangerous conditions
  • Failing to maintain the premises, including the stairway, in a reasonably safe condition
  • Allowing the defective and dangerous stairway to persist
  • Failing to remedy the hazard despite knowing invitees would use the stairway
  • Failing to warn invitees about the dangerous condition
  • Not placing warning signs near the stairway
  • Failing to adopt or enforce procedures for inspecting and fixing defects and dangerous conditions

Nuisance: Papp claimed that the defective, unsafe, and dangerous condition of the stairway created a nuisance. Hedgerow Properties allegedly permitted and maintained this nuisance, knowing or reasonably should have known about the dangerous condition but failed to fix or guard against injury.

These claims assert that Hedgerow Properties’ negligence directly caused Papp’s fall and subsequent injuries, leading to significant physical, emotional, and financial damages.

Defense

Hedgerow Properties, LLC, presented its defense in an answer and special defense filed on July 28, 2023. The company admitted to owning the property but denied knowledge of many of Papp’s claims. Hedgerow Properties denied the existence of any defective or dangerous conditions on the premises and rejected all negligence allegations.

Regarding Papp’s claims of injuries, damages, and losses, the company stated it lacked sufficient knowledge to form a belief, leaving Papp to prove these assertions. Hedgerow Properties also denied all nuisance claims. In its special defense, the company argued that if Papp did sustain injuries, they resulted from his own negligence. It claimed that Papp failed to exercise due care by:

  • Not keeping a proper lookout
  • Failing to use his senses to avoid hazards
  • Not watching where he placed his feet
  • Failing to step over or around the area that allegedly caused his fall

Hedgerow Properties argued that Papp did not use the care a reasonably prudent person would have under the circumstances. By presenting this defense, the company sought to shift some responsibility onto Papp, potentially reducing its own liability.

Expert Testimony

Dr. Davis provided expert testimony on Papp’s injuries, including a right bicondylar tibial plateau fracture and a right proximal humerus fracture. He outlined the medical treatments required for these injuries and used anatomical drawings and models to demonstrate their severity to the jury.

Mr. Fisher, a registered engineer in Connecticut, Texas, and Ohio, conducted a forensic examination of the exterior stairway at 351 North Main Street in Winchester, Connecticut, on August 31, 2022. His inspection revealed several code violations, including non-uniform risers, inadequate railing graspability, excessive railing height, and a steep tread slope at the upper treads.

Jury Verdict

On September 6, 2024, the jury found in favor of the Plaintiff, James Papp. They allocated 75% of the liability to the Defendant and 25% to the Plaintiff. For economic damages, the jury awarded $513,391.66, which included various medical expenses from different healthcare providers. The largest portion, $465,448.38, was awarded for treatment at Charlotte Hungerford Hospital. Additionally, the jury awarded $4,386,608.34 in non-economic damages. The total damages, combining both economic and non-economic amounts, reached $4,900,000. After applying the 75% liability to the Defendant, the final award attributable to the Defendant was calculated at $3,675,000 in a Premises Liability Lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict