Juan Cartagena vs. Atlantic Coleman, LLC

Case Background

On November 17, 2021, Plaintiff Juan Cartagena filed a Premises Liability lawsuit in the Connecticut State Superior Court of  Bridgeport Judicial District (Case number: FBT-CV21-6111297-S). Judge William Clark presided over the case.

Cause

Juan Cartagena entered the premises at 439 Fairview Avenue, Bridgeport, Connecticut, as an invitee on February 20, 2021, at approximately 11:00 a.m. Atlantic Coleman, LLC maintained ownership and control over the common areas of the premises, which included the driveway area. As Cartagena walked on the driveway, he encountered untreated ice that caused him to fall. The property owner failed to perform necessary maintenance by not sanding, salting, or removing the accumulated ice from the area. This neglect created hazardous conditions that directly led to the incident.

Injuries

The fall inflicted multiple severe and permanent injuries on Cartagena. The impact damaged his cervical spine, causing significant pain and limited mobility in his neck. He experienced substantial trauma to his lower back, which restricted his movement and caused ongoing discomfort. The fall also injured his right knee, affecting his ability to walk and maintain balance. The impact fractured his upper fang tooth, requiring dental intervention. Beyond the physical injuries, Cartagena suffered a general shock to his nervous system, manifesting in various neurological symptoms. The traumatic experience caused significant emotional distress that persisted after the incident.

Damages

The injuries forced Cartagena to seek extensive medical treatment, resulting in substantial medical bills and expenses. The ongoing nature of his injuries necessitated continued medical intervention, suggesting that future medical expenses would accumulate. The injuries severely impacted his daily activities, preventing him from performing routine tasks he previously accomplished with ease. The accident diminished his overall quality of life, robbing him of the ability to participate in activities he once enjoyed. The combination of physical limitations and emotional distress created lasting negative effects on his personal and professional life. The plaintiff sought monetary damages exceeding $15,000, excluding interest and costs, to compensate for his physical injuries, emotional distress, medical expenses, and diminished quality of life. This amount reflected the serious nature of the injuries and the long-term impact on his well-being.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Juan Cartagena
    • Counsel for Plaintiff: James O. Gaston
  • Defendant(s):Atlantic Coleman, LLC
    • Counsel for Defendants: Miles N. Esty

 Claims

Cartagena filed a premises liability claim against Atlantic Coleman, LLC, asserting that their negligence and carelessness directly caused his injuries. He maintained that the property owner failed to conduct proper inspections that would have revealed the dangerous icy conditions in the driveway. The defendant neglected their duty to maintain safe premises by not implementing basic safety measures, such as sanding, salting, or removing ice from the driveway. Additionally, they failed to post any warnings about the hazardous icy conditions, leaving visitors vulnerable to injury.

Defense

Atlantic Coleman, LLC filed their answer to Juan Cartagena’s Premises liability complaint, systematically addressing each allegation. The defendant admitted to owning and controlling the subject property but expressed uncertainty about which specific driveway the plaintiff referenced. They claimed insufficient knowledge to form beliefs about most of the plaintiff’s allegations, including his presence on the property, the fall incident, and the claimed injuries and damages. They explicitly denied the allegations of negligence and carelessness outlined in paragraph 6 of the complaint.

In their special defense, Atlantic Coleman, LLC asserted that Cartagena’s own contributory negligence caused his injuries and damages. They argued that any recovery should be barred or proportionally reduced based on three specific failures by the plaintiff: first, Cartagena failed to maintain a proper lookout while walking on the property; second, he failed to exercise reasonable care for his own safety given the circumstances present at the time of the incident; and third, he failed to observe and avoid the alleged defect that caused his fall. Through these special defenses, the defendant shifted partial or complete responsibility for the incident onto the plaintiff, challenging his right to full recovery of damages.

Jury Verdict

On October 25, 2024, the jury reached a verdict in Juan Cartagena’s slip and fall case, allocating damages and negligence between both parties. The jury awarded total damages of $53,659.18, which included $8,659.18 in past economic damages and $45,000.00 in non-economic damages. The jury did not award any future economic damages for medical expenses. In their assessment of negligence, the jury found both parties equally responsible for the incident, attributing 50% negligence to Atlantic Coleman, LLC and 50% to Juan Cartagena. Based on Connecticut’s comparative negligence laws and the equal distribution of fault, the jury calculated the final award by multiplying the total damages by the defendant’s percentage of negligence. This calculation resulted in a final award of $26,829.59 to the plaintiff in a Premises liability lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict