Eileen Tobin vs. Mansfield Landing Yachting Community Inc., et al

Case Background

On October 17, 2019, Plaintiff Eileen Tobin filed a Premises liability lawsuit in the Connecticut State, Superior Court of New Haven Judicial Division (Case number: NNH-CV19-6097138-S). Judge Nicole Tung presided over the case.

Cause

On October 27, 2017, at approximately 7:00 PM, Eileen Tobin visited the office in Building #1 at 233 Mansfield Grove Road, East Haven, Connecticut. The property was owned and controlled by Mansfield Landing Yachting Community, Inc. Pagliaro, Inc., doing business as Collect Associates and Empire Property Management Corporation was responsible for maintenance and repairs. She fell as Tobin descended the steps due to a non-functioning exterior light. The Defendants failed to maintain proper lighting, inspect the premises, replace the faulty lightbulb, or warn Tobin of the dangerous condition.

Injuries

As a result of the fall, Tobin suffered several injuries, including:

  • Right hip pain and hematoma
  • Acute pain in the left shoulder and knee
  • Rotator cuff tear arthropathy in the right shoulder with subscapularis tendon tearing
  • Massive rotator cuff tears in both shoulders
  • Impaction fracture to the patella of the left knee
  • Large effusion in the left knee
  • Lumbar pain
  • Pain in the left second metacarpal neck
  • Grade 3 impingement of the left shoulder

The fall also aggravated pre-existing conditions, including arthritis in her right hip, left knee, left shoulder, and lumbar spine.

Damages

Tobin sought compensatory damages exceeding $15,000, excluding interest and costs. She also requested reasonable attorney’s fees. Additionally, Tobin asked for any other relief the Court deemed necessary in the Premises Liability lawsuit.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Eileen Tobin
    • Counsel for Plaintiff: Donald G. Walsh
  • Defendant(s):Mansfield Landing Yachting Community Inc. | Pagliaro, Inc., DBA Collect Associates |  Empire Property Management Corporation
    • Counsel for Defendants: Miles N. Esty, Esq.

Claims

Tobin claimed that in Premises liability lawsuit all three Defendants were negligent in maintaining the property , specifically:

  • Allowing a dangerous condition to exist on the steps and landing
  • Failing to provide adequate lighting on the steps
  • Neglecting to inspect and maintain the premises properly
  • Not replacing the non-functioning lightbulb
  • Failing to warn visitors of the dangerous condition

Defense

The Defendant, Mansfield Landing Yachting Community, Inc., responded to Eileen Tobin’s complaint with a combination of admissions, denials, and a special defense. They admitted to owning and controlling portions of the premises at 233 Mansfield Grove Road, East Haven, CT. However, they denied the allegations regarding the fall and resulting injuries. In several paragraphs, the Defendant claimed insufficient knowledge to form a belief and left the Plaintiff to her proof

In their special defense, the Defendant argued that Tobin’s injuries and damages, if any, resulted from her own contributory negligence. They claimed she failed to keep a proper lookout, didn’t exercise reasonable care for her safety, failed to observe and avoid the alleged defect, chose to walk in the area without turning on the light or using a portable light, and knew the light was off but proceeded anyway. The Defendant asserted that these factors should bar Tobin’s recovery or proportionately reduce it.

Jury Verdict

On September 23, 2024, the jury determined that both parties shared equal responsibility for the incident, attributing 50% of the negligence to the Defendant and 50% to the Plaintiff. The jury awarded economic damages for past medical bills from various providers, including Yale New Haven Hospital, Yale Medicine, and Comprehensive Orthopedics. They also awarded damages for services from MidState Medical Center, Quest Diagnostics, and CT Orthopedic Specialists. The jury included compensation for lost wages in their verdict.

In total, the economic damages awarded amounted to $80,385.91. For non-economic damages covering past and future losses, the jury awarded $160,000. The total damages, including both economic and non-economic, came to $240,385.91. After applying the allocation of fault, the final award to the Plaintiff, Eileen Tobin, was $120,192.50, representing her portion of the total damages based on the shared negligence determination.

Court Documents:

Complaint

Answer

Jury Verdict