Rinder Miller v. Saw Mill Petro Mart LLC  et al

 Case Background

The Slip and Fall lawsuit was filed on February 1, 2019 by Plaintiff Rinder Miller in the Superior Court, Judicial District of New Haven, Connecticut (Case number: NNH-CV19-6088777-S) and was presided over by Judge Nicole Tung. Miller brought the case against defendants Saw Mill Petro Mart, LLC and Rafiq Hameed, alleging negligence and premises liability following a slip and fall incident at their gas station property.

Cause

On June 23, 2017, at approximately 10:30 p.m., Rinder Miller visited Saw Mill Petro Mart, LLC, located at 261 Saw Mill Road in West Haven, Connecticut. Miller parked her vehicle on the side of the building and stepped out of her car. As she exited her vehicle, she fell to the ground due to an uneven slope in the pavement. The outside area of the defendant’s premises had been in a defective and dangerous condition for an extended period, with an uneven slope in the pavement that rendered the premises unsafe. The parking lot also had poor lighting conditions, which contributed to the hazardous environment.

Injuries

As a result of the fall, Miller suffered painful and serious injuries to her knees, left ankle, left shoulder, feet, and elbows. These injuries caused her significant pain and limited her ability to perform daily activities.

Damages

The plaintiff sought monetary damages in excess of $15,000, exclusive of interest and costs, as well as any other relief deemed appropriate by the court. Miller incurred expenses for medical care, attention, x-rays, medications, and health care. She was unable to perform her usual daily activities and household duties as she did before the incident. Miller also experienced a loss of life’s daily enjoyment and activities. The plaintiff may continue to sustain further losses and detriments in the future.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Rinder Miller
    • Counsel for Plaintiff: Sheila J. Hall, Esq.

 

 Claims

The plaintiff claimed that he filed slip and fall lawsuit due to the negligence and carelessness of Saw Mill Petro Mart, LLC, and Rafiq Hameed (also known as Hameed Rafiq), the record owner of the premises. The defendants allegedly failed to maintain the premises in a safe condition, did not place warning signs or barriers, neglected to take reasonable precautions to prevent injuries, and failed to make proper inspections of the property.

Defense

In their answer, the defendants admitted to operating the gas station and convenience mart at 261 Saw Mill Road in West Haven, Connecticut, and that Rafiq Hameed was the record owner of the premises. However, they denied all allegations of negligence, unsafe conditions, and liability for the plaintiff’s injuries and damages.

In their special defense, the defendants claimed that the plaintiff’s accident, injuries, losses, and damages were caused wholly or partly by her own negligence. They asserted that Rinder Miller failed to be watchful of her surroundings. She did not pay attention to where she was going. The defendants argued that Miller did not make proper use of her senses and faculties. She failed to watch where she was stepping and did not keep a proper lookout. They also claimed that Miller was aware, or should have been aware, of the risks present. Despite this, she chose to walk without due regard for her own safety. Furthermore, the defendants alleged that Miller failed to take necessary and proper precautions. She did not observe the existing conditions at the time and place described in the complaint.

Expert Testimony

Dr. Alessi’s neurological review found no clear signs of neuropathy related to the fall, with normal electrodiagnostic studies. On the other hand, Dr. Cooper attributed Miller’s various neuropathies, including leg pain, weakness, and retinopathy, primarily to her long-standing uncontrolled diabetes rather than the fall. While, Dr. Fish noted that while Miller sustained contusions from the fall, her major complaints were likely related to pre-existing conditions or were idiopathic in nature.

All three experts based their opinions on thorough reviews of Miller’s medical records, diagnostic tests, and their professional experience. Their testimonies collectively suggested that while Miller may have sustained some injuries from the fall, her ongoing health issues were predominantly related to her pre-existing conditions. They particularly pointed to her uncontrolled diabetes as a major factor. They argued that these health issues were not direct results of the incident at Saw Mill Petro Mart

Jury Verdict

On July 16, 2024, the jury reached a verdict in favor of the defendants, Saw Mill Petro Mart, LLC, and Rafiq Hameed, regarding the claims brought by the plaintiff in Slip and Fall lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict