Porretti, Niomie v. Gashi, Mirushe, A/K/A Gashi Mirushe A/K/A Mary Gashi

  • Court: Connecticut State, Superior Court, Milford JD
  • Case number: AAN-CV17-6022639-S
  • Filed: February 02, 2017
  • Judge: Barry Stevens
  • Case type: T02 – Torts – Defective Premises – Private – Snow or Ice

Parties Involved

  • Plaintiff: Niomie Porretti
  • Defendant: Gashi, Mirushe, A/K/A Gashi Mirushe A/K/A Mary Gashi
    • Counsel for Defendant: Heather Genovese, Esq. | Michael Romanelli, Jr., Esq | Christopher Russo, Esq.
    • Expert Witnesses for Defendant: Scott Bissell, MD | James Bria

Verdict Information

  • Verdict date: June 07, 2024
  • Total damages awarded to the Plaintiff: $308, 208.28
    • Total economic damages: $16,297.54
    • Total non-economic damages: $424,000.00
    • Final amount after reduction of percentage of Plaintiff’s liability: $308, 208.28

About the Case

Cause

The defendant, Mirushe Gashi, owned the property at 19 Woodbridge Avenue, Ansonia, Connecticut. This property included multiple residential units, a common walkway, and a driveway for several vehicles. On January 27, 2015, around 4:30 p.m., the plaintiff, Niomie Porretti, a tenant at the property, was walking on the driveway. Suddenly, she slipped on ice hidden beneath snow that the defendant had not removed. The defective premises caused her to fall violently, resulting in personal injuries.
The area where the plaintiff fell was a common area under the defendant’s control. The plaintiff alleged that these injuries resulted from the defendant’s negligence. The defendant had failed to maintain the premises in a reasonably safe condition and did not reasonably inspect the premises to identify dangerous conditions. It was alleged that the defendant created or maintained a hazardous condition by failing to take adequate measures to remedy it. Additionally, the defendant failed to provide proper safeguards or warning signs about the defective premises and did not warn the plaintiff, tenants, visitors, and invitees of the dangerous conditions. Consequently, the plaintiff filed a premises liability case.

Injury

The defendant’s negligence caused the plaintiff to suffer various injuries, some likely permanent. These included segmental and somatic dysfunction of the cervical region with radiating pain through both legs and arms. The incident also resulted in a sprain of cervical spine ligaments and a strain of neck muscles, fascia, and tendons. Additionally, the plaintiff experienced sprains in both knees, contusions on both knees, and contusions with swelling and lingering pain in both great toes. The plaintiff also suffered from headaches, right hip musculoskeletal pain, shock to the nervous system, and general pain and suffering. The defendant’s negligence caused the plaintiff pain, suffering, and loss of sleep. She continued to suffer from these injuries and discomforts to her detriment.

Damages

The defendant’s negligence forced the plaintiff to spend money on hospital care, rehabilitation, doctors, medical care, X-rays, medical supplies, physical therapy, and medication. She continued to incur such costs, harming her financially. Additionally, the plaintiff became disabled from engaging in certain social and physical activities she previously enjoyed, permanently impairing her enjoyment of life. Furthermore, the defendant’s negligence caused the plaintiff to experience a loss of earning capacity. Consequently, the plaintiff requested monetary damages, demanding more than $15,000, excluding interest and costs.

Jury Verdict

On June 07, 2024, a Connecticut jury gave the verdict in favor of the plaintiff and awarded $308, 208.28 in damages. The jury awarded 70% of liability to the defendant and 30% of liability to the plaintiff.

The total economic damages awarded was $16,297.54 and the total non-economic damages awarded was $424,000.00. Thus, the total damages came up to $440, 297.54. However, final award was reached after reducing the percentage of plaintiff’s liability from the total award. Thus, the final award stood at $308, 208.28.

Court Documents:

Complaint

Verdict