Defense Verdict in Westport Stop & Shop Trip and Fall Case
Table of Contents
Case Background
Ana Warrick filed a premises liability lawsuit in Connecticut Superior Court against Byelas, LLC and The Stop & Shop Supermarket Company LLC following a fall that occurred on September 5, 2021. The case proceeded to a jury trial in the Judicial District of Fairfield at Bridgeport under Docket No. FBT-CV23-6125984-S.
Cause
Warrick alleged that she walked out of Stop & Shop store #0653 located at 1790 Post Road East in Westport, Connecticut at approximately 4:30 p.m. on September 5, 2021. She claimed she tripped on a section of the sidewalk that was depressed and had a gap in the seam of the cement. According to her complaint, this defective condition caused her to fall and sustain significant injuries.
The Plaintiff alleged that Byelas, LLC owned and managed the shopping plaza where the incident took place, while The Stop & Shop Supermarket Company LLC operated the grocery store and controlled the area adjacent to its exit door. Warrick claimed both Defendants failed to maintain the premises in a reasonably safe condition for members of the public.
Injury
Warrick reported multiple injuries from the fall, including a fracture to her right hand, right forearm injury, right elbow effusion, right knee injury, left shoulder injury with a partial rotator cuff tear, left ankle injury, and emotional distress. She received medical treatment from several providers including AFC Urgent Care, Advanced Radiology, Core Medical Group, Yale New Haven Health, and Southwest Community Health between September 2021 and May 2022.
Damages Sought
The Plaintiff sought monetary damages exceeding $15,000.00, exclusive of interest and costs. Her claims encompassed medical expenses incurred from treatment at multiple healthcare facilities, pain and suffering, and loss of enjoyment of life's leisure activities.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Ana Warrick
· Counsel for Plaintiff: Jeffrey D. Lynch
· Experts for Plaintiff: Mark W. Tebbets | Caitlin Kimberly | Sanjeev Rao | Xuan Luo | Todd Clark | David Tung
Defendants: Byelas, LLC | The Stop & Shop Supermarket Company LLC
· Counsel for Defendants: Philip M. Chabot | Shari N. Pearlman
· Experts for Defendants: Michael P. Tracey
Claims
Warrick brought negligence claims against both Defendants. She alleged that the Defendants allowed and permitted the sidewalk to remain in a defective condition that made it dangerous for use. She contended they failed to inspect the premises, failed to remedy the dangerous condition, and failed to exercise due care in maintaining the walkway.
The Plaintiff further alleged violations of the 2018 Connecticut State Building Code and Fire Safety Code. She claimed the walkway violated section 302.3 and section 1003.5 regarding elevation changes. She also cited violations of ASTM Standard F1637-21 for Safe Walking Surfaces, including sections 5.1.1, 5.2.1, and 5.2.4, which required walking surfaces to be flush, stable, and even, and mandated that level changes greater than half an inch be properly ramped or filled in.
Defense
The Stop & Shop Supermarket Company LLC denied the allegations of negligence. The Defendant admitted operating a grocery store at the location but denied possessing, controlling, or maintaining the subject area where Warrick allegedly fell.
The Defendant raised a special defense of contributory negligence. Stop & Shop argued that Warrick caused her own injuries through her own negligence by failing to make reasonable use of her faculties, failing to be watchful of her surroundings, failing to look where she was walking, traversing the area with disregard for her own safety, and proceeding despite knowing or having reason to know of conditions that existed at the location.
Jury Verdict
On January 8, 2025, the jury returned a defense verdict. The foreperson, Maura L. Hennessey, signed the verdict forms on January 8, 2026.
The jury answered "No" to the first interrogatory, which asked whether the Plaintiff proved by a preponderance of the evidence that there was a specific dangerous or defective condition at the property on September 5, 2021, and that such defect caused any of her injuries. Because the jury found that the Plaintiff failed to establish the existence of a dangerous or defective condition that caused her injuries, it did not proceed to the remaining interrogatories regarding constructive notice, reasonable care, proximate cause, comparative negligence, or damages.
The jury signed verdict forms in favor of both Defendants. The verdict found the issues in favor of Byelas, LLC and against Ana Warrick. A separate verdict form found the issues in favor of The Stop & Shop Supermarket Company LLC and against Ana Warrick. The Plaintiff recovered no damages as a result of the defense verdict.
Court Documents