Case Background

Stephanie White had been renting a basement apartment at 2 Grove Hill Road in Clinton, Connecticut, a property owned and controlled by Ed and Lisa Albarino. On September 14, 2019, while using the interior stairway leading to her unit, White reached for the handrail. The railing detached from the wall, causing her to fall. She later filed a lawsuit claiming that the fall had resulted from the Albarinos’ failure to properly maintain the premises.

The cause that led to the dispute

White brought claims under two legal theories: negligence and common law recklessness. She alleged that the landlords had either known or should have known about the defective condition of the stairway railing and failed to take necessary steps to correct it.

Injuries suffered

White’s fall had resulted in a broken right leg and a broken right ankle. She underwent surgery, during which doctors inserted two screws in her ankle and a plate in her shin. Her recovery required emergency care, physician visits, x-rays, orthopaedic care, physical therapy, and prescription medications. She also missed work and anticipated additional time away from her job in the future.

Damages

White claimed she had incurred substantial medical expenses due to the injuries. She also cited lost wages, pain and suffering, and long-term physical limitations. The complaint sought compensatory damages, punitive damages for recklessness, and attorneys’ fees.

Key Arguments and Proceedings

The lawsuit had centred around the safety of the stairway leading to the leased basement apartment. White argued that the Albarinos, as landlords, had failed in their duty to maintain the railing in a safe condition. She claimed they either knew or should have known about the defect and failed to make timely repairs or warn her.

The Albarinos denied any wrongdoing. They admitted they owned and leased the premises but rejected the claims of negligence and recklessness. They maintained that White's injuries were due to her own actions and filed a special defense of contributory negligence, stating she had not exercised reasonable care for her own safety.

The case proceeded to trial, where both sides presented testimony and evidence regarding the condition of the stairway, prior inspections, and the extent of White’s injuries.

Legal Representation

Plaintiff: Stephanie White

·       Counsel for Plaintiff: Peter Bitti | Erandi Reiland

·      Experts for Plaintiff: James D. Parry| Adebola T. Adeleke| Jennifer L. Kindman

Defendants: Ed Albarino and Lisa Albarino

·       Counsel for Defendants: Miles N. Esty

Key Arguments by Counsel

White’s counsel argued that the property owners had shown disregard for tenant safety by failing to secure a critical safety fixture, the stair railing. They emphasised that this hazard existed on a daily-use path to the apartment, and that such negligence by a landlord justified both compensatory and punitive damages.

Defense counsel countered that White had failed to observe her surroundings and use caution. They claimed there had been no prior complaints or indications that the stair railing posed any danger and that the Plaintiff's fall resulted from her own carelessness.

Claims Asserted

Negligence

White alleged the Albarinos:

• Failed to maintain the railing and stairway in a safe condition

• Failed to inspect and repair a known hazard

• Did not post warnings or notify her of the defect

• Knew or should have known the railing was defective and dangerous

Recklessness

In the second count, White claimed the Albarinos had acted with deliberate disregard for safety. She argued they knew the railing was unsafe yet chose to leave it unrepaired. She accused them of knowingly maintaining hazardous conditions with no concern for tenant injury.

Defense Arguments

The Albarinos admitted they owned the property but denied all allegations of negligence and recklessness. They claimed no knowledge of the railing’s defect and argued that they bore no liability. In a special defense, they asserted that White herself had been negligent, for failing to watch where she was going and not taking proper precautions.

Jury Verdict

 On May 9, 2025, the jury unanimously sided with the Defendants, Ed and Lisa Albarino. They found that the evidence did not support White’s claims of negligence or recklessness. As a result, she did not receive any damages.

The verdict marked a complete defense win, with no liability assigned to the landlords.

Court Documents

Complaint

Jury Verdict