Overview of the Incident

Evelin Luna, a resident of Norwalk, Connecticut, lawfully entered the premises at 117 Main Street on January 8, 2022, around 6:00 a.m. The commercial property, owned and operated by 117 Main Norwalk LLC, was under the defendant’s exclusive control, including its adjacent parking lot. The company, through its agents and employees, was responsible for ensuring the safety of the premises for all lawful visitors.

Hazardous Conditions on the Property

In the days leading up to the incident, ice had accumulated across the parking lot. Despite this ongoing and visible danger, the defendant took no steps to remedy the condition. The icy surface was left untreated—no salt, sand, or de-icing agents were applied. The area lacked any signage or barriers to alert visitors to the hazard, and no alternate safe path was provided for pedestrian access.

The condition persisted without inspection or intervention. The defendant failed to monitor the property or take appropriate action to safeguard those entering it. This prolonged inattention constituted a clear breach of their duty to maintain safe conditions.

The Fall and Resulting Injury

While walking through the parking lot, Luna slipped on a patch of untreated ice and fell. The accident occurred in an area fully controlled by the defendant, and without any prior warning. As a result of the fall, she suffered a displaced bimalleolar fracture of the ankle. Surgical intervention was required to stabilize the injury.

Physical and Emotional Impact

Luna endured significant physical pain and emotional trauma due to the fall and subsequent surgery. Her ability to perform everyday tasks was severely hindered. She experienced a prolonged disruption to her daily life, including limitations on personal and recreational activities she once enjoyed. These impairments caused lasting distress and a marked decline in her overall quality of life.

Medical Expenses and Continuing Burden

Luna incurred substantial medical expenses related to emergency treatment, diagnostic imaging, orthopedic surgery, follow-up care, and extended physical therapy. These costs placed an ongoing financial strain on her. Due to the nature and severity of her injury, additional medical procedures may be necessary in the future.

Key Arguments and Proceedings

Legal Representation

• Plaintiff: Evelin Luna

• Counsel for Plaintiff: Michael E. Skiber

• Defendants: 117 Main Norwalk LLC | Eddie’s Landscaping and Garden Services LLC

• Counsel for Defendants: Bruce J. Corrigan Jr

Claims

Negligence and Premises Liability

117 Main Norwalk LLC owned, operated, and maintained the commercial property located at 117 Main Street in Norwalk, Connecticut. As the property owner, the company, acting through its agents and employees, owed a duty of care to maintain the premises, including the parking lot, in a reasonably safe condition for all lawful visitors.

On the morning of January 8, 2022, Evelin Luna lawfully entered the premises and slipped on untreated ice that had accumulated in the parking lot. This hazardous condition had existed for an unreasonably extended period without remediation. The defendant failed to inspect the premises, post warning signs, treat or remove the ice, or provide a safe alternative route for pedestrians.

As a direct and proximate result of the defendant’s negligence, Luna suffered a serious injury. The defendant’s failure to meet its legal obligation to ensure the safety of its premises constitutes a clear case of premises liability.

Third-Party Negligence

Eddie’s Landscaping and Garden Services LLC was contracted to maintain the exterior areas of the property, including responsibilities related to snow and ice removal. The company had a duty to perform its services with reasonable care and in accordance with industry standards and contractual obligations.

Despite this responsibility, Eddie’s Landscaping failed to treat or remove the hazardous ice, contributing significantly to the unsafe conditions present on the property. This failure directly contributed to the incident that caused Luna’s injuries. As a third-party service provider, the company owed a duty of care to individuals lawfully on the premises, including the plaintiff.

Medical Expenses and Loss of Quality of Life

As a result of the fall, Luna sustained a displaced bimalleolar ankle fracture requiring surgical intervention and extensive rehabilitation. She incurred substantial medical expenses, including emergency treatment, diagnostic imaging, orthopedic surgery, and ongoing physical therapy. Additional treatment is likely to be necessary.

Beyond the financial burden, Luna’s injury had a profound impact on her daily life. She experienced intense physical pain, emotional distress, and a loss of independence. Her ability to work, carry out everyday tasks, and participate in recreational and social activities was significantly impaired, leading to a diminished quality of life.

Punitive Damages

The defendants either knew or should have known about the hazardous conditions on the premises but failed to take corrective action. Their willful disregard for the safety of lawful visitors—despite the foreseeable risk—constitutes a conscious indifference to the rights and well-being of others.

Legal Fees and Costs

As a result of the defendants’ negligence and their failure to resolve the matter outside of court, Luna was forced to initiate legal action. She seeks recovery of all reasonable legal fees and litigation-related costs incurred in connection with this proceeding.

Defense Summary

177 Main Norwalk LLC denied ownership of the specific area where the incident occurred but acknowledged control over non-leased portions of the property. The company disputed the plaintiff’s claims regarding its legal duties and rejected liability for the icy conditions that led to the fall.

The defendant contested key factual allegations, claiming insufficient knowledge of certain details and requiring the plaintiff to prove them at trial. As a central argument, the company asserted that Evelin Luna was contributorily negligent, alleging she failed to keep a proper lookout, ignored visible hazards, and did not exercise reasonable care for her own safety.

Jury Verdict

On February 27, 2025, the jury returned a verdict in favor of 177 Main Norwalk LLC. The jury found:

• A specific defect (ice) existed on the property

• The defendant lacked actual notice but had constructive notice of the condition

• The defendant did not fail to exercise reasonable care

As a result, the jury concluded that the defendant was not liable for Luna’s injuries. No damages, compensatory or punitive, were awarded. The court entered final judgment in favor of the defendant, and the plaintiff received no recovery.