McArthur, Gregory L. v. Shroff Investments, LLC

• Court: Connecticut State, Hartford Division, Superior Court
• Case Number: HHD-CV21-6138870-S
• Filed: February 26, 2021
• Judges: David Sheridan | Neeta Vatti | Robert Shapiro | Susan Cobb
• Case Type: T03 - Torts - Defective Premises - Private - Other
• Cause: Premises Liability

Parties Involved

• Plaintiff(s): Gregory L. McArthur
  • Counsel for Plaintiff: Edmund Q Collier
  • Expert witness for Plaintiff(s): Aga Khan de Castro, MD | Samantha Wenta, PA | Alisa Savetamal, MD
• Defendant(s): Shroff Investments, LLC
  • Counsel for Defendants: Cynthia M. Garraty | Brendan T. Cahill

Verdict Information

• Verdict Date: April 10, 2024
• Damages awarded to Plaintiff: $0

About the Case

Cause

Gregory L. McArthur, a resident of Enfield, Connecticut, initiated a premises liability lawsuit against Shroff Investments LLC, the owner and operator of the Comfort Inn hotel located at 1330 Silas Deane Highway in Wethersfield. The legal action stems from a horrific scalding injury case incident that occurred on June 20, 2020, while McArthur was a tenant residing at the hotel in Room #302. On that fateful day, McArthur followed his normal routine of turning on the shower to bathe. However, instead of water emerging at a reasonably safe temperature, he was met with a torrent of excessively hot water spewing out. The water was at an exceedingly high and dangerous temperature. Before McArthur could react, the scalding water made contact with his body. This caused him to slip and violently fall within the shower stall. As a result of this preventable incident, McArthur sustained serious and catastrophic burn injuries. In his premises liability claim against Shroff Investments LLC, the plaintiff alleged that the hotel owner and operator were negligent. They were negligent in failing to maintain the premises and water heating system in a reasonably safe condition for guests, tenants, and other lawful visitors. Central to McArthur's allegations is the claim that the defendant breached their duty. They breached it by failing to ensure the hot water temperatures remained within acceptable safe limits. Additionally in this scalding injury case, McArthur asserts that Shroff Investments failed to provide adequate warnings to tenants about any known defects, malfunctions, or unreasonably dangerous conditions involving the water heating equipment that could lead to a scalding hazard. Furthermore, the lawsuit alleges the defendant improperly neglected to conduct thorough inspections and promptly repair the water heater, despite having actual or constructive knowledge that a defective or deteriorating condition existed which posed a foreseeable risk of scalding injuries.

Injury

As a direct result of Shroff Investments' alleged premises liability negligence, McArthur suffered severe second-degree burns to his fingers, hand, wrist, and arm, as well as permanent disfiguring scarring. Beyond the physical trauma, McArthur experienced agonizing and excruciating pain and suffering in the aftermath of the preventable scalding incident. The hotel negligence victim now faces an increased risk of future medical complications arising from the burn injuries, such as infections, nerve damage, mobility restrictions, and chronic pain conditions. This ever-present possibility has plagued McArthur with constant fear, anxiety, and apprehension about requiring ongoing medical treatment and rehabilitation. The severe burn injuries have profoundly impacted McArthur's quality of life and ability to enjoy routine daily activities. Simple tasks that were once taken for granted now present challenges. Substantial medical expenses have been incurred to treat the scalding burns, with anticipation of continued future medical costs.

Damages

McArthur's lawsuit against the negligent hotel owner seeks to recover monetary damages for the burn injuries, pain and suffering, mental anguish, permanent disfigurement, diminished quality of life, lost earnings/earning capacity, as well as all related present and future medical expenses arising from this preventable scalding incident on Shroff Investments' premises. Inadequate safety measures, poor maintenance of the water heating system, and failure to remedy known dangers created an unreasonably hazardous premises condition that directly led to the severe scalding of their tenant. The amount in demand was greater than $15,000.00, exclusive of interest and costs.

Jury Verdict

After careful consideration of all the evidence and testimony presented, the jury unanimously reached a verdict in favor of the Defendant, Shroff Investments, LLC, the owner and operator of the Comfort Inn hotel where the alleged incident occurred. The jury based their decision on the belief that Gregory L. McArthur, the Plaintiff, had failed to meet the legal burden of proof required to establish that Shroff Investments had been negligent in maintaining the premises or water heating system in an unreasonably unsafe condition. Court Documents: Complaint Verdict