Ocasio, Luis v. Verdura Construction, LLC Et Al

  • Court: Connecticut, Superior Court, Waterbury Judicial Division
  • Case number: UWY-CV17-6036311-S
  • Filed: September 28, 2017
  • Judge: Hon Robert D Andrea
  • Case type:  T03 – Torts – Defective Premises – Private – Other

Parties Involved

  • Plaintiff: Luis Ocasio
    • Counsel for Plaintiff: Brian M Flood | Timothy Grady
    • Expert Witnesses for Plaintiff: Edgar Catala, M.D | Robert Wetmore, M.D. | Apple Rehab – Watertown Personnel | Campion Ambulance Personnel | Saint Mary’s Hospital Personnel | American Medical Response Personnel | VNA Health at Home Personnel
  • Defendant: Verdura Construction LLC
    • Counsel for Defendant: Miles N. Esty, Esq. – Esty & Buckmir LLC
    • Expert Witnesses for Defendant: John Bagioni

Verdict Information

  • Verdict date: February 01, 2024
  • Total damages awarded to the Plaintiff: $0.00

About the Case


Defendant Verdura Construction, LLC, owned the premises (“the premises”) located at 221-223 Robbins Street in Waterbury, Connecticut, including the front exterior porch located thereon. On February 7, 2017, at approximately 10:30 a.m., the plaintiff, Luis Ocasio, had lawfully been on the premises. While on the front exterior porch, he had fallen due to the unstable and defective railing, causing him to suffer injuries and losses. The plaintiff attributed the fall to the defendant, Verdura Construction, LLC, citing their negligence. A premises liability and personal injury lawsuit was filed against the defendant.
He had alleged in his complaint that the defendant had failed to properly maintain and inspect the porch and its railings. Moreover, the defendant had allegedly not taken any steps to fix the unstable condition of the railing, allowing the hazardous state to persist for an unreasonable period. Additionally, they had neglected to warn the plaintiff that the railing was defective. They had also failed to implement adequate procedures to ensure the porch and its railings were regularly inspected and maintained.


As a result of the fall, the plaintiff had suffered various injuries, some of which might be permanent. He had sustained a non-displaced fibula head shaft fracture in his left leg, causing significant pain. Additionally, he had endured a displaced tibia shaft fracture and a displaced fibula shaft fracture on the same leg. The plaintiff had also experienced a left ankle fracture, accompanied by blisters and persistent pain. These injuries had led to considerable physical pain and suffering. Moreover, the plaintiff had endured mental suffering due to the fall.


As a result of the fall, the plaintiff had incurred expenses for necessary medical care and treatment. He had been compelled to pay these costs for his recovery and would likely face additional expenses in the future. Consequently, the plaintiff had been unable to participate in and enjoy his usual activities. Through this personal injury lawsuit, the plaintiff had claimed monetary damages. The amount of money damages claimed was greater than $15,000.00, exclusive of interest and costs.

Jury Verdict

On February 01, 2024, a Connecticut jury unanimously found the issues for the defendant, Ventura Construction LLC. The plaintiff received no damages under the present personal injury lawsuit.

On April 25, 2024, Hon Robert D Andrea entered a judgment in favor of the defendants.

Court Documents: