Kalonda, Emmanuel v. One Forest Parkway, LLC Et Al

On August 7, 2024, a Connecticut jury awarded Emanuel Kalonda $156,480 in damages in a premises liability lawsuit against One Forest Parkway LLC. The jury found 15% comparative negligence for injuries sustained by Kalonda when a defective garage door suddenly fell on him.

Case Background

On December 22, 2020, Emanuel filed a lawsuit against his employer, One Forest Parkway LLC, before the Connecticut Superior Court, Bridgeport JD for the injuries sustained by him because of the defective premises. Hon. Kristin Connors presided over this case. [Case number: FBT-CV21-6102643-S]

Cause

Emanuel Kalonda, a resident of Bridgeport in Fairfield County, Connecticut, filed a premises liability lawsuit against his employer, One Forest Parkway LLC (referred to as “the Premises”), along with Bob & Ray Overhead Door Company LLC and R.D. Scinto, Inc.

On December 17, 2018, at around 12:01 p.m., Kalonda was an employee at the Premises. He was exiting a commercial garage on the property when a garage bay door suddenly came down without warning. The door struck him on the head and neck and showed the existence of hazardous and dangerous conditions at the Premises.

Injury

Due to the Defendants’ negligence, the Plaintiff experienced several painful and potentially permanent injuries. The injuries included a concussion, frequent headaches, and strains in the cervical and thoracic regions. Additionally, the Plaintiff suffered from a lumbar sprain, radiating back pain that extended into the legs, and a shock to the nervous system. He also endured persistent pain in the head, back, and neck. These injuries resulted in a permanent disability affecting the neck, back, and entire body.

Damages

Due to the Defendants’ negligence, the Plaintiff endured significant physical pain along with mental and emotional stress. This situation limited his ability to pursue activities and diminished his enjoyment of life. He incurred substantial medical expenses and would face future costs for ongoing care and treatment. Furthermore, the Plaintiff suffered a loss of income and may face employment restrictions, which would harm his future earning potential. The Plaintiff also became anxious and fearful about the increased risk of future injuries. Consequently, he sought monetary compensation for the damages and injuries he experienced.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): One Forest Parkway LLC | Bob & Ray Overhead Door Company LLC | R.D. Scinto, Inc.
    • Counsel for Defendant(s): Kevin S. Coyne | Timothy R. Scannell | Matthew J. Parenti

Claims

The Plaintiff alleged that the Defendants caused his injuries through their negligence and carelessness. The Defendants did not meet their duty of reasonable care to ensure the safety of individuals on the Premises. They failed to inspect the Premises properly for dangerous conditions and did not take reasonable steps to make the area safe. Additionally, they neglected to warn people about the existing hazards and unsafe conditions.

Defense

In their special defense, the Defendants argued that if the Plaintiff suffered any injuries or damages as claimed, those were caused by the Plaintiff’s own negligence and carelessness. Specifically, they contended that:

a) The Plaintiff failed to operate the garage door properly.
b) He did not maintain a proper lookout.
c) He neglected to secure the garage door while operating it.
d) He failed to exercise reasonable care for his safety when raising the door and stepping or leaning through the opening without securing it.

Expert Testimony

Brenton Dempsey, P.A. testified about his examination and treatment of the Plaintiff. Chanakya K. Jandhyala, M.D., and Gary R. Richo, M.D., served as the Plaintiff’s orthopedic surgeons and discussed their examination and treatment. Mark Rosovsky, M.D., a licensed neuroradiologist, provided testimony on his examination and treatment of the Plaintiff. Bruce P. Arose, M.D., a board-certified radiologist, also testified about his examination and treatment.

Hamid R. Sami, M.D., the Plaintiff’s licensed neurologist, shared details on his examination and treatment. Melissa Mieszczanski, P.A., served as the Plaintiff’s licensed physician assistant and testified about her role in the Plaintiff’s care. Phillip S. Dickey, M.D., a licensed neurosurgeon, discussed his examination and treatment of the Plaintiff. M. Joshua Hasbani, M.D., another licensed neurosurgeon for the Plaintiff, also provided testimony regarding his examination and treatment.

Jury Verdict

On August 07, 2024, the Connecticut jury returned the verdict in favor of Emanuel Kalonda. The jury found the issues in favor of the Plaintiff and awarded $78,240 in economic damages and $78,240 in non-economic damages. The total award amount was $156,480.

The jury then allocated 85% of negligence to the Defendants and 15% to the Plaintiff. Therefore, the verdict came down to a total of $133,008 after adjusting the contributory negligence.

Court Documents:

Complaint

Answer

Verdict