Geraldine Fine v. Ocean State Job Lot of CT, LLC

Case Background

Plaintiff Geraldine Fine filed the Premises liability lawsuit on October 4, 2022, in the Connecticut State, Superior Court of New London Division (Case number: KNL-CV22-6058653-S). Judge James Spallone presided over the case.

Cause

Geraldine Fine, a Connecticut resident, lived at 281 State Street, Unit 5-C, New London. She visited the Ocean State Job Lot store in Waterford, Connecticut, on August 24, 2021. As she exited the store, she fell near the propane storage area due to either uneven pavement or a tree root. The incident occurred on a common walkway used for entrance and egress from the retail store. The store manager attempted to help Fine after her fall but also tripped on the same defective sidewalk and sustained minor injuries. This incident highlighted the hazardous nature of the area. Ocean State Job Lot of CT2017, LLC, a business registered with the State of Connecticut and headquartered at 375 Commerce Park Road, North Kingstown, RI 02852, controlled the property where the incident occurred.

Injuries

Fine suffered a protracted and permanent injury to her right shoulder as a result of the fall. The injury included a fracture of the right humerus bone, which was severe enough that a year after the incident, the bone was still protruding from her skin. This protrusion indicated the severity and permanence of the injury. Medical professionals determined that the injury would have lasting effects on Fine’s mobility and quality of life. The injuries resulted directly from the uneven and defective walkway, which allegedly did not satisfy current building codes. The condition of the walkway, with tree roots growing out of it, created a foreseeable risk of injury to the public at large.

Damages

Fine sought various forms of relief. She requested monetary damages to compensate for her medical expenses and ongoing care. She also sought punitive damages to deter similar negligence in the future. Further, she asked for attorney fees to cover the cost of legal representation and court costs. Additionally, she requested a trial by jury and any other relief the court deemed fair and equitable. The amount in demand, exclusive of interests and costs, was stated to be in excess of $15,000.00.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Geraldine Fine
    • Counsel for Plaintiff: Law Offices of Hide Inga, LLC
  • Defendant(s):Ocean State Job Lot of CT, LLC
    • Counsel for Defendants: Nicholas W. Francis 

Claims

Fine filed a complaint against Ocean State Job Lot, alleging two primary causes of action: defective premises and negligence. In the defective premises claim, she asserted that as an invitee on the common areas and grounds of the retail storefront, the defendant owed her a duty to reasonably inspect and maintain the premises. The defendant also had a duty to erect safeguards and warn of dangerous conditions. She claimed that Ocean State Job Lot failed to adhere to this duty. They did not provide notice or sufficient warning of the dangerous common walkways.

In the negligence claim, Fine argued that Ocean State Job Lot breached its duty of care by failing to adhere to current building codes, ensure the walkway was free of debris, and maintain a safe and even surface for customers. She contended that the defendant’s failure to address the uneven pavement and protruding tree roots created an unsafe environment that directly led to her injuries.

Defense

Ocean State Job Lot of CT2017, LLC presented its defense against Geraldine Fine’s premises liability and negligence claims in a structured response. The defendant denied key allegations regarding the condition of the walkway and any violation of building codes. They claimed insufficient information to form beliefs about many of Fine’s assertions, including the extent of her injuries and her status as an invitee.

In their special defense, Ocean State Job Lot argued comparative negligence. They asserted that if Fine sustained any injuries or damages, they were caused by her own negligence and carelessness.

The defendant claimed that Fine failed to use her senses properly. They argued she did not exercise reasonable care for her own safety. She neglected to avoid the alleged defect and was inattentive to her surroundings. Additionally, she ignored an open and obvious hazard.

Jury Verdict

On April 1, 2024, the jury delivered a verdict in favor of the defendant, Ocean State Job Lot of CT2017, LLC, in the case of premises liability.

Court Documents:

Complaint

Answer

Jury Verdict