Neftali Gomez vs. New Haven Solid Waste & Recycling Authority
Case Background
On February 17, 2022, Plaintiff Neftali Gomez filed a premises liability lawsuit in the Connecticut Superior Court, New Haven Judicial District (Case Number: NNH-CV23-6130341-S). The lawsuit arose from a workplace safety incident involving a defective railing at a transfer station managed by the New Haven Solid Waste and Recycling Authority. Judge Winston Kidd presided over the case.
Cause
On April 12, 2021, Neftali Gomez visited the transfer station at 260 Middletown Avenue in New Haven, Connecticut, as part of his duties for the City of New Haven Department of Public Works. The property, managed by the New Haven Solid Waste and Recycling Authority, included a transfer station platform with a railing near a machine that distributed transaction receipts. While Gomez stood on the platform, he stepped onto the railing, which suddenly gave way and collapsed. This unexpected incident caused him to fall, drawing attention to workplace safety concerns and raising questions about potential hazards on the premises. This workplace accident underscored the importance of regular inspections and maintenance at such facilities to prevent similar occurrences.
Injuries
The collapse of the defective railing caused severe injuries to Gomez. He sustained significant back injuries that exacerbated pre-existing conditions, along with a deep laceration on his arm that left permanent scarring. These injuries led to considerable pain, emotional distress, and lasting effects on his nervous system. Gomez’s ability to perform regular work duties was severely impacted due to the permanent nature of some injuries. Medical professionals documented his condition through physical exams and diagnostic studies, highlighting the serious consequences of this premises liability incident.
Damages
The injuries Gomez suffered in this workplace safety accident resulted in substantial economic and non-economic damages. He incurred significant medical expenses for treatments, including care from Connecticut Orthopedic Specialists, therapy at Amity Physical Therapy, and consultations with Yale Occupational Health. Additionally, his inability to work during recovery led to lost wages, further aggravating his financial hardships. Alongside these economic losses, Gomez endured ongoing physical pain and emotional suffering, which diminished his quality of life. The Plaintiff sought compensation to address these hardships, emphasizing the Defendant’s failure to address workplace safety concerns and maintain a safe environment at the transfer station.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Neftali Gomez
- Counsel for Plaintiff: Dennis W. Gillooly
- Defendant(s):New Haven Solid Waste & Recycling Authority
- Counsel for Defendants: Jeffery P. Apuzzo
Claims
Gomez filed a premises liability lawsuit, alleging that the New Haven Solid Waste and Recycling Authority negligently maintained the transfer station. He asserted that the Defendant failed to inspect, repair, or replace the defective railing, creating unsafe conditions on the premises. Additionally, the Defendant did not provide adequate warnings or restrict access to hazardous areas, breaching their duty of care. Gomez claimed that these failures in workplace safety directly caused his fall and injuries. By neglecting to take reasonable precautions, such as barricading the dangerous platform, the Defendant created avoidable risks that violated basic safety protocols and led to the workplace accident.
Defense
The New Haven Solid Waste and Recycling Authority argued that Plaintiff Neftali Gomez bore responsibility for his injuries. They contended that Gomez failed to exercise reasonable care for his own safety. Additionally, they claimed he neglected to observe potential hazards on the premises. The Defendant asserted that Gomez did not maintain a proper lookout and failed to use his senses to avoid the unsafe condition.
The Defendant further argued that their actions at the transfer station involved discretionary decisions. They claimed these decisions were protected under governmental immunity, as outlined in Connecticut General Statute Section 52-557n(a)(2)(B). The defense denied any negligence on their part. Instead, they maintained that Gomez’s actions contributed significantly to the workplace accident. This position challenged the premises liability claims by shifting partial responsibility onto Gomez.
Jury Verdict
On January 16, 2025, he jury concluded that the Defendant, New Haven Solid Waste and Recycling Authority, held 65% responsibility for the incident, while the Plaintiff, Neftali Gomez, bore 35% of the fault. The jury awarded economic damages totaling $23,620.71, including $456.26 for services from Yale Occupational Health, $10,719.45 for treatment from Connecticut Orthopedic Specialists, $5,945.00 for therapy at Amity Physical Therapy, and $6,700.00 in lost wages.
In addition to these economic damages, the jury awarded $30,000.00 in non-economic damages. This compensation accounted for Gomez’s past and future physical pain, permanent disability, and loss of enjoyment of life. The total damages amounted to $53,620.71. However, after reducing the award by 35% to account for the Plaintiff’s comparative negligence, the final amount awarded to Gomez totaled $34,853.4
Court Documents:
Leave A Comment