Earlier this month, an appellate court in Connecticut issued a written opinion that will be of interest to those considering filing a Washington, D.C. premises liability lawsuit. The case presented the court with the opportunity to determine whether a lower court was proper to enter judgment in favor of the plaintiff under the specific facts present in the case. Ultimately, the appellate court concluded that the plaintiff did present sufficient evidence to warrant a finding in her favor. As a result, the defendant hospital’s appeal was dismissed.
The plaintiff was visiting a family member at the defendant hospital. After her visit, the plaintiff was walking out of the hospital when she stubbed her toe on a piece of broken pavement on the sidewalk. The plaintiff fell to the ground, and it was later determined that she had broken her toe in the accident. She also suffered lower back pain as a result of the fall.
The plaintiff filed a premises liability lawsuit against the hospital, claiming that the hospital was negligent in safely maintaining the sidewalk area and that the hospital’s failure to do so resulted in her injuries. The parties opted to have the case decided by a judge, rather than by a jury, and after hearing the evidence, the court entered judgment in favor of the plaintiff. The court determined that the plaintiff’s injuries were approximately $180,000; however, since the court also determined that the plaintiff was 40% responsible for her injuries, the award was reduced by that percentage to a total award amount of approximately $108,000.