James J. Lafountain, et al vs. JPD Properties, LLC

Case Background

On January 31, 2022, Plaintiff  James J. Lafountain and Janet Lafountain filed a Premises Liability lawsuit in the Connecticut Superior Court, Hartford Judicial District (Case number: HHD-CV22-6151683-S). Judge Robert Young was presided over the case.

Cause

JPD Properties, LLC owned and managed the commercial property at 736 Enfield Street in Enfield, Connecticut, where this premises liability accident occurred. The company held full responsibility for maintaining the exterior premises, including the front stairway where the incident occurred. On February 10, 2021, James J. LaFountain visited the property as a business invitee. As he attempted to climb the front stairs, a dangerous stair defect suddenly caused him to fall forward. This slip and fall accident resulted from the property owner’s negligent maintenance of the premises. The property management company failed to address the defective stairs, despite their duty to maintain safe conditions for visitors. LaFountain’s premises liability lawsuit focused on the property management’s neglect.

Injuries

The premises accident inflicted severe trauma on LaFountain’s right upper body. His immediate injuries included acute right shoulder pain and significant swelling. Medical professionals diagnosed him with a right proximal humerus fracture that required surgical intervention. After surgery, LaFountain developed severe complications. A right shoulder abscess formed, necessitating a superficial incision and drainage procedure. The situation worsened when he developed venous thrombolic disease and bilateral pretibial edema. The most severe complication was a periprosthetic shoulder joint infection. This infection required two major medical interventions: the complete removal of the prosthesis and a radical resection of his right humerus. The property owner liability extended to the extensive medical treatments LaFountain required, including the placement of a PICC line for prolonged intravenous antibiotic therapy.

Damages

The premises liability lawsuit sought compensation for medical expenses, permanent injuries, pain and suffering, lost quality of life, and loss of consortium. The plaintiff’s legal team argued that the injuries resulted from the defendant’s negligence in maintaining a safe environment.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): James J. Lafountain | Janet Lafountain
    • Counsel for Plaintiff: Vanessa Cardozo
  • Defendant(s): JPD Properties, LLC
    • Counsel for Defendants: Lawrence L. Connelli, Esq

Claims

The lawsuit cited multiple instances of negligence by the property management company. The legal team emphasized JPD Properties’ failure to maintain safe premises, properly inspect the stairs, or warn visitors about known hazards. The complaint detailed the company’s negligence in hiring qualified maintenance personnel and their delayed response to known property defects. LaFountain’s attorneys filed the premises liability lawsuit in Hartford Superior Court, demanding damages exceeding $15,000, plus additional costs and interest.

Defense

JPD Properties, LLC admitted to basic jurisdictional and ownership facts in paragraphs 1-4 of the complaint, acknowledging their ownership and responsibility for the property at 736 Enfield Street, Enfield, Connecticut. However, they firmly denied the allegations of negligence and carelessness outlined in paragraphs 6 and 7. Regarding the plaintiff’s claimed injuries and medical expenses in paragraphs 8 and 9, the defendant claimed insufficient knowledge to verify these allegations and required the plaintiff to prove these claims. The defense also stated they lacked sufficient information about LaFountain’s presence on the property on the date of the incident.

Special Defense – Contributory Negligence

The defense mounted a significant counterargument by claiming contributory negligence on James J. LaFountain’s part. They asserted that LaFountain’s own actions directly and proximately caused his injuries. The defense specifically alleged that LaFountain failed to exercise reasonable care in multiple ways:

  • He failed to properly use his senses and faculties while navigating the premises.
  • He neglected to maintain proper awareness of his surroundings.
  • He did not watch where he stepped during his movement.
  • He failed to avoid or navigate around any dangerous conditions that may have existed.
  • He did not exercise appropriate caution given the circumstances and conditions present at the time.

The defense effectively shifted partial responsibility back to the plaintiff, arguing that LaFountain’s own negligence played a substantial role in causing the incident and his subsequent injuries. This contributory negligence defense aimed to reduce or eliminate JPD Properties’ liability for the claimed damages.

Jury Verdict

On October 31, 2024, after reviewing all the evidence and deliberating on the arguments presented by both sides, the jury returned a verdict in favor of the defendant, JPD Properties, LLC. Despite the plaintiff’s claims of negligence regarding the dangerous condition of the stairway and the severe injuries sustained, the jury found that the defense had successfully raised issues of contributory negligence.

Court Documents:

Complaint

Answer

Jury Verdict