Jesse Wilson vs. Eastern Park Avenue Properties, LLC

Case Background

On November 19, 2021, Plaintiff Jesse Wilson filed a Premises Liability lawsuit in the Superior Court, Judicial District of Hartford, Connecticut.  (Case number: HHD-CV21-6149534-S). Judge Neeta Vatti presided over the case.

Cause

Jesse Wilson resided at 380 Park Avenue, Apartment B4, on the second floor of a property owned and managed by Eastern Park Avenue Properties, LLC in East Hartford, Connecticut. On June 20, 2020, while walking on the interior stairway from the first floor to the second floor, Wilson slipped and fell due to a wire or cable protruding from the wall. The property, located at 378-388 Park Avenue, was open to the public, and Eastern Park Avenue Properties had a legal duty to maintain the premises in a safe condition for all lawful visitors.

Injuries

Wilson sustained numerous injuries from the fall, many of which may be permanent. His injuries included:

  1. Neck injury
  2. Back injury
  3. Left shoulder injury
  4. Left arm injury
  5. Left upper extremity injury
  6. Rib injury
  7. Abdominal injury
  8. Chest injury
  9. Head injury
  10. Pelvis injury
  11. Hip injury
  12. Left collarbone injury
  13. Left leg injury
  14. Left lower extremity injury
  15. Right leg injury
  16. Right lower extremity injury
  17. Emotional distress

These injuries have likely had a significant impact on Wilson’s health and well-being.

Damages

As a result of the injuries, Wilson has experienced pain and a significant loss of enjoyment in his daily activities. His quality of life has been affected, and he has incurred medical expenses since the incident. Wilson may also face ongoing medical costs in the future. He seeks monetary damages for these physical, emotional, and financial losses, with the amount exceeding $15,000, exclusive of interest and costs.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jesse Wilson
    • Counsel for Plaintiff: Scott Burgs, Esq
    • Experts for Plaintiff(s): Mark W. Tebbetts
  • Defendant(s): Eastern Park Avenue Properties, LLC

 Claims

Wilson alleged that Eastern Park Avenue Properties was negligent in several ways:

  1. They allowed the premises to remain in a dangerous condition.
  2. They failed to remedy the hazardous condition.
  3. They did not warn Wilson about the danger.
  4. They neglected to place warning cones or rope off the area around the protruding wire or cable.
  5. They violated Connecticut Fire Code section 7.1.10.1 by not keeping the Means of Egress free from obstructions.
  6. They allowed objects to block the exit, in violation of Connecticut Fire Code section 7.1.10.2.1.
  7. They did not install handrails on both sides of the stairway, violating Connecticut Building Code section 1011.11 and Connecticut Fire Code section 7.2.2.4.1.1.
  8. They failed to exercise due care in maintaining the premises.

Wilson claimed these failures directly caused his fall and injuries, citing multiple building and fire code violations as evidence of negligence.

Defense

Eastern Park Avenue Properties responded to Wilson’s complaint, admitting they owned and managed the property. However, they denied the allegations regarding the fall and negligence. They claimed insufficient knowledge to confirm Wilson’s assertions about their duty of care, his injuries, and the extent of his pain and suffering. The defendant argued that any injuries Wilson suffered were due to his own negligence, alleging that he failed to watch his surroundings, avoid the hazardous condition, and exercise proper care. They also suggested he may have been intoxicated or impaired at the time.

Expert Testimony

Plaintiff’s expert, Mark W. Tebbetts of New England Code Consulting, testified that the building violated the 2018 Connecticut Fire Safety Code. He cited a protruding cable and the absence of a handrail as code violations. Defense expert Michael L. Brown, P.E., from C.A. Pretzer Associates, Inc., provided testimony based on his expertise in structural engineering and code compliance, disputing these claims.

Jury Verdict

On September 13, 2024, the jury found in favor of the Defendant, Eastern Park Avenue Properties, LLC, ruling against Jesse Wilson in a Premises Liability lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict