Hailan Luo vs. Orchard Heights Condominium Association, Inc., et al

Case Background

On November 16, 2022, Plaintiff Hailan Luo filed a Premises Liability lawsuit in the Connecticut State, Circuit Court of New Haven Judicial Division (Case number: NNH-CV22-6128128-S). Judge James Spallone presided over the case.

Cause

Luo resided in Unit 16 at the Orchard Heights Condominium complex located at 25 Florence Road. On the morning of the incident, she walked toward her car in the parking lot and encountered hazardous conditions. The accumulation of snow and ice had created an extremely slippery surface. As Luo crossed the parking lot, she slipped and fell due to these dangerous conditions. Orchard Heights Condominium Association owned the property, while Unique Property Management, LLC managed it. Nick’s Lawn Service, LLC held the contract for snow and ice removal services.

The parking lot and surrounding areas were in defective and unsafe conditions. Snow and ice had accumulated without proper removal, and the maintenance crew had not applied sand, salt, or other abrasive materials to mitigate the hazard. The property managers failed to adequately monitor the premises or warn residents about the dangerous conditions. These failures became central to Luo’s premises liability lawsuit.

Injuries

The fall caused Luo to suffer a closed fracture of the distal end of her left radius. She experienced immediate and severe pain, accompanied by significant swelling in her left wrist. Medical professionals classified her injuries as permanent, dramatically impacting her daily life and activities. Beyond the physical trauma, Luo endured substantial mental anxiety and emotional distress due to the incident and its lasting effects.

Damages

Luo’s injuries resulted in substantial economic and non-economic damages. She incurred immediate medical expenses and anticipated future medical costs for ongoing treatment. The injury forced her to miss work, resulting in lost wages. Her permanent injury also impaired her future earning capacity, affecting her long-term financial stability. The constant pain and physical limitations severely diminished her quality of life, preventing her from enjoying many activities she had previously pursued. Her relationships also suffered as she struggled to cope with the physical and emotional aftermath of the accident. The premises liability lawsuit sought damages exceeding $15,000, exclusive of costs and interest.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Hailan Luo
    • Counsel for Plaintiff: Berry P. Beletsky
  • Defendant(s):Nick’s Lawn Service LLC
    • Counsel for Defendants: Cynthia M. Garraty

 Claims

The premises liability lawsuit alleged negligence against all three defendants. Luo’s legal team argued that the property owner, the management company, and the snow removal service failed to maintain reasonably safe premises. They neglected their duty to adequately inspect the property and respond to hazardous conditions. The defendants did not remove accumulated snow and ice or apply necessary abrasive materials to prevent accidents. Additionally, they failed to warn residents about the dangerous conditions or take appropriate precautions to protect them from injury.

Defense

The company acknowledged it had contracted to perform snow removal activities at the Orchard Heights Condominium property but denied all allegations of negligence. The defense limited its admissions, stating it lacked sufficient knowledge about many of the Plaintiff’s claims, leaving Luo to prove these assertions.

The defense mounted a robust counterargument centered on comparative negligence. They claimed Luo’s own actions caused or substantially contributed to her injuries and damages. The defense team outlined five specific ways they believed the Plaintiff failed to exercise proper care: First, they argued that Luo did not remain watchful of her surroundings or properly use her senses and faculties. They claimed she failed to pay adequate attention to where she was walking. They maintained Luo neglected to take necessary precautions to observe the existing conditions at the time and location of the incident. The defense asserted she did not use reasonable care for her own safety given the circumstances. Finally, they argued Luo knew or should have known about the risks present yet chose to proceed without proper regard for her safety.

Jury Verdict

On September 27, 2024, the jury found in favor of the defendant, Nick’s Lawn Service, LLC, rejecting the Plaintiff Hailan Luo’s claims in the premises liability lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict