Robert Allan Goulet vs.  Cumberland Farms, Inc., et al

Case Background

On March 17, 2021, Plaintiff   Robert Allan Goulet filed a Premises Liability lawsuit in the Connecticut State, Superior Court of Litchfield Judicial District (Case number: LLI-CV21-6027631-S). Judge Andrew Roraback presided over the case.

Cause

A catastrophic premises liability incident occurred at Cumberland Farms’ commercial property in Torrington, Connecticut, exposing serious deficiencies in parking lot safety measures. On March 14, 2019, at 7:47 a.m., Robert Allan Goulet entered Cumberland Farms as a business invitee to purchase coffee. The property layout created a hazardous condition, as customers frequently crossed between Cumberland Farms and an adjacent Dunkin Donuts. After completing his purchase, Goulet walked toward Dunkin Donuts and knelt in the parking lot to tie his shoe.

At that moment, Albert Gagnon, driving a 2001 GMC Sierra C 1500, reversed his truck, striking Goulet and crushing his body. The premises liability investigation revealed that Cumberland Farms had failed to implement essential parking lot safety measures, including traffic control signs, directional markings, speed control devices, and protective barriers. The property owner’s negligence also extended to their failure to address known hazards where customers regularly parked to access both businesses, resulting in dangerous traffic patterns.

Injuries

The parking lot accident inflicted severe physical trauma on Goulet. Due to the property owner’s negligence, he suffered multiple serious injuries, including significant rib fractures that required immediate medical attention. His most critical injury was a compound, comminuted fracture of the proximal shaft of his right tibia, complicated by an oblique fracture with displacement of the distal tibia fragment, necessitating surgery and extensive rehabilitation.

Additional complications included substantial soft tissue damage. The trauma also caused Goulet to experience severe shock to his nervous system, persistent pain, emotional suffering, and acute anxiety. As a result of the incident, he was left with a permanent limp, which has severely limited his mobility and daily activities.

Damages

The commercial property accident resulted in significant financial burdens for Goulet. The premises liability case documented substantial medical expenses, including surgical procedures, physical therapy, injections, prescription medications, and specialized medical equipment. Due to ongoing medical needs, his future medical expenses are expected to continue accumulating. Cumberland Farms’ negligence directly impacted Goulet’s ability to work, leading to significant lost wages.

His reduced earning capacity presents further long-term financial consequences. The damages exceed $15,000, excluding legal interest and costs. The premises liability lawsuit seeks compensation for all medical expenses, lost earnings, and other damages, including potential attorney’s fees if litigation is successful.

Key Arguments and Proceedings

Legal representation

  • Defendant(s):Cumberland Farms, Inc.| Guru Holdings, LLC
    • Counsel for Defendants: Kirby G. Huget | David J. Mathis
    • Experts for Defendant(s): Robert D. Vanasse, PE

 Claims

The lawsuit named multiple defendants: Cumberland Farms Inc., and Guru Holdings LLC. The premises liability claim alleged extensive negligence in managing the commercial property and ensuring safety. The defendants failed to provide adequate warnings about hazardous conditions, neglected known risks, did not install necessary traffic control measures, and inadequately monitored parking lot usage. The defendants’ combined negligence maintained hazardous conditions by allowing unrestricted cross-property pedestrian traffic without sufficient safety infrastructure.

Defense

Defendant Guru Holdings LLC and Cumberland Farms Inc. responded to Goulet’s claims with strategic denials. They admitted only to their status as a domestic limited liability company authorized to operate in Connecticut. However, they claimed insufficient knowledge about most of the allegations, including details of the incident, injuries, and damages. This response effectively placed the burden of proof on the Plaintiff. In a special defense, Guru Holdings argued that Goulet’s own negligence contributed to his injuries and damages. They asserted five specific points of contributory negligence.

They claimed Goulet failed to stay alert to his surroundings, chose not to avoid the conditions he later labeled dangerous, did not exercise appropriate care, failed to use his senses adequately, and ultimately made the decision to kneel in a busy parking lot, knowing this position could render him hard to see for reversing drivers.

Expert Testimony

The Plaintiff’s engineering experts—Kevin Johnson, PE, Greg Richardson, PE, and Gerald Baker, PE—testified that the parking lot’s design, layout, and configuration were defective and dangerous. They highlighted issues with internal circulation, parking, site layout, and pedestrian safety, particularly emphasizing the lack of proper signage and safe pedestrian pathways.

Paul J. Beauvais, M.D., an orthopedic surgeon, provided testimony about the Plaintiff’s injuries, describing treatment resulting from the incident on March 14, 2019, in which Goulet was struck and run over by a vehicle.

In contrast, Defendant expert Robert D. Vanasse, PE, testified that the parking lot’s design complied with applicable engineering and traffic planning standards.

Jury Verdict

On October 18, 2024, the jury ruled in favor of the defendant, Cumberland Farms, concluding that Cumberland Farms was not negligent in causing the injuries and losses suffered by Robert Goulet.

Court Documents:

Complaint

Answer

Jury Verdict