Norwalk Property Owner Cleared of Liability in Slip-and-Fall Injury Lawsuit
Table of Contents
Case Background
Jose Montanez filed a premises liability lawsuit against Norwalk Commercial Realty Corp., also known as Fischel Corp. The case proceeded in the Superior Court, Judicial District of Stamford at Stamford. Montanez, a resident of Bridgeport, had been a lawful invitee at the Harbor House Apartments in Norwalk, Connecticut. He alleged that the Defendant, as the property owner and operator, owed him a duty to maintain the premises in a reasonably safe condition, including stairwells and common areas.
Cause
On December 1, 2019, Montanez slipped and fell on exterior steps that were covered in snow and ice. He claimed the hazardous condition existed because the Defendant failed to properly maintain the area. Montanez asserted that the Defendant neglected its duty to ensure safe passage, despite being responsible for maintaining the stairways.
Injury
Montanez sustained several injuries, including a wrist sprain and a suspected scaphoid fracture. He also injured his right ankle and lumbar spine, and experienced joint subluxation. Medical evaluations confirmed a 3% impairment in both his lumbar spine and right wrist, along with a 6% whole-person impairment. These injuries caused ongoing pain, emotional distress, and sleep disturbances.
Damages
Montanez incurred significant medical expenses for diagnostic tests, treatment, and physical therapy. He anticipated future costs for continued care. The injuries also affected his ability to work, creating financial strain and uncertainty about his employment.
Key Arguments and Proceedings
Legal representation
Plaintiff: Jose Montanez
Counsel for Plaintiff: Darnell Deonas Crosland | Dennis Anthony Bradley
Defendant(s): Norwalk Commercial Realty Corp., a/k/a Fischel Corp.
Counsel for Defendant: Cynthia M. Garraty
Claims
Jose Montanez alleged that Norwalk Commercial Realty Corp. failed to maintain safe conditions on the premises. He claimed the Defendant knew or should have known that snow and ice had accumulated on the exterior steps. Despite this, the Defendant did not clear or treat the area to prevent hazards.
As a result, Montanez slipped and fell while lawfully present at the property. He contended that the unsafe condition directly caused his injuries. He further asserted that the defendant breached its duty of care owed to lawful invitees.
Montanez also claimed that the injuries resulted in lasting impairments. He alleged that the incident affected his ability to work and led to significant medical expenses. He anticipated future costs related to ongoing care. Montanez sought monetary damages exceeding $15,000, exclusive of interest and court costs.
Defense
Norwalk Commercial Realty Corp. largely denied the allegations brought by Jose Montanez. The Defendant repeatedly stated it lacked sufficient information to confirm or deny many of the Plaintiff’s claims, placing the burden of proof on Montanez. It also declined to respond to several allegations, arguing that they involved legal conclusions rather than factual assertions.
The Defendant specifically denied all claims of negligence or carelessness and contested any connection between its conduct and the Plaintiff’s injuries.
In a special defense, the company argued that Montanez’s own negligence caused the incident. It claimed he failed to exercise due care, ignored visible hazards, and did not act as a reasonable person under the circumstances. Additionally, the Defendant asserted that the lawsuit was barred by the statute of limitations.
Jury Verdict
On March 21, 2025, the jury returned a verdict in favor of the Defendant, Norwalk Commercial Realty Corp. The panel found that the Plaintiff, Jose Montanez, had not proven his negligence claim by a preponderance of the evidence. As a result, the court awarded no damages.