Case | Salazar Cheryl V. First North Real Estate LLC

  • Court: Connecticut State, Superior Court
  • Case Number: FBT-CV20-6101119-S
  • Filed: October 19, 2020
  • Judges: Jennifer Decastro, John Cordani, Theodore Tyma, and William Clark
  • Case Type: T03 – Torts – Defective Premises – Private – Other

Parties Involved

Plaintiff: Cheryl Salazar

Defendant: First North Real Estate, LLC

Verdict Information

  • Verdict Date: March 12, 2024
  • Total Damages awarded to Plaintiff: $ 178,380.48

About the case

The case of Cheryl Salazar v. First North Real Estate, LLC revolves around a premises liability claim stemming from an incident that occurred on December 12, 2018, at 188 North Street, Stamford, Connecticut. Cheryl Salazar, the plaintiff, was an employee of Daniel Kraus and Daniel Care Caring Choice, LLC, situated at the mentioned address. The defendant, First North Real Estate, LLC, owned and maintained the premises, including sidewalks, curbs, parking areas, and common areas. The central issue revolves around the defendant’s alleged failure to ensure proper lighting on the premises, leading to an accident that caused severe injuries to the plaintiff.

Cause

On December 12, 2018, Cheryl Salazar was directed to exit the building from the front entrance during her workday, contrary to her usual routine of using the rear exit. The designated parking areas for tenants, however, were situated behind the office building, and on that day, these areas were inadequately lit, obscuring visibility of the curbs.

As she headed toward the dim parking area, Salazar tripped over a curb and suffered serious and permanent injuries. She claimed that the defendant failed to properly inspect and maintain the premises, particularly the common areas and parking lots, despite knowing the necessity of such maintenance.

Salazar argued that First North Real Estate had a duty to keep the premises safe for pedestrians, including ensuring adequate lighting. She asserted that the defendant’s negligence in several areas, such as failing to inspect the property, not addressing the insufficient lighting, and not warning her of potential hazards, directly resulted in her injuries.

Furthermore, she stated that the defendant was both actually and constructively aware of these hazardous conditions due to the obvious lack of lighting but failed to rectify the situation.

Injury

Cheryl Salazar suffered extensive injuries as a consequence of the fall. These injuries included severe L4-5 foraminal disc herniation with radical radiculopathy and moderate central and lateral recess stenosis, 3-4 foraminal disc herniation catching the left L3 nerve root, head injury, knee pain, shoulder pain, hand abrasion, numbness and tingling in the left foot, worsening sciatica, lumbar strain, multiple abrasions, contusion to the left leg, intense lower back pain radiating to the left buttock and left lower extremity, left sacroiliitis, bilateral trochanteric bursitis, and L2-3 spondylolisthesis with a right disc herniation. These injuries resulted in significant pain and suffering for Cheryl Salazar, impacting her daily life and activities. The severity and permanence of the injuries highlight the extent of the harm caused by the defendant’s negligence in maintaining safe premises.

Damages

Cheryl Salazar required extensive medical treatment for her injuries, including x-rays, medication, diagnostic tests, physical therapy, hospitalization, surgery, and surgical equipment. These treatments incurred substantial medical expenses, placing a significant financial burden on Cheryl Salazar, which formed a crucial part of her claim for damages.

Furthermore, Cheryl Salazar’s injuries significantly diminished her quality of life. They prevented her from engaging in daily, social, and recreational activities, causing emotional distress and mental anguish. These non-economic damages were a fundamental aspect of Cheryl Salazar’s claim, reflecting the profound impact of the incident on her overall well-being.

Cheryl sought damages totaling at least $15,000, exclusive of interest and costs.

Jury Verdict

On March 12, 2024, the jury delivered their verdict, finding both parties equally negligent and attributing 50% of the responsibility to each.

Initially, Cheryl Salazar was awarded damages totaling $356,760.95 due to injuries from poorly lit parking conditions at her workplace. However, because the jury determined that both Salazar and the real estate company were equally at fault, attributing 50% negligence to each, the total damages awarded to her were reduced by half.

Consequently, Cheryl Salazar was awarded $178,380.48 in compensation. This decision came after careful consideration of the evidence presented, which demonstrated negligence on the part of First North Real Estate for failing to maintain adequate lighting in the parking area, and partial negligence on Salazar’s part contributing to the incident.

Court Documents: Complaint | Verdict for Plaintiff(s)