Rite Aid at 190 East Ave., Norwalk. Photo: Google Maps
Plaintiffs counsel Jon Norris knew he had a tough case in the matter of a pregnant woman who slipped and fell on untreated black ice in front of a Norwalk Rite Aid Pharmacy, as the state's ongoing storm guidelines came into play.
In Connecticut, businesses can't be held liable—in most cases—if someone falls and hurts themselves when a storm is still in progress, on the belief that it's difficult for a store owner to make good-faith efforts to clear snow and ice during a storm.
"We had two things cutting against us in this case. One, there was frozen precipitation in the hours before the incident. That went against us because of the ongoing storm guidelines rule. And second, my client's shoulder had popped out two years prior to this accident," said Norris, an associate with Alan Barry & Associates in Danbury. "With no slam dunk with any slip-and-fall injury, the plaintiff must be seen as credible. My client was very credible."
The defense's first offer in the case of New Britain resident Jacquelyn Hernandez was for $35,000. Norris said considering his client was carrying twins and was credible, the case was worth more than that.
"We hammered away at the pregnancy throughout negotiations, and the anxiety my client had over the fall. She was six months pregnant and carrying twins. Hammering home the anxiety made our case. We knew that any jury would see that our client was anxious, and would find that compensable," Norris said.
Norris said his client also had a documented labral tear for which she underwent surgery and had to undergo physical therapy.
Norris also said the testimony of the Norwalk Rite Aid associate manager helped make his case.
"He conceded he was aware of the storm, and should have put sand and salt out before the store opened," Norris said. The incident occurred in February 2018.
"We now know from the associate manager that Rite Aid should have gotten some salt on the black ice before they opened, especially on a February morning in Connecticut," Norris said.
The associate manager's testimony, coupled with his client's documented anxiety over the health of her twins, helped Norris secure a $90,000 settlement, which was almost three times higher than the defense first offered. The settlement was reached Nov. 18.
Norris said Hernandez's twins were fine, but his client didn't know that for three months until they were born, upping her anxiety.
Norris said Hernandez, a health care technician, incurred about $40,000 in medical expenses.
A lawsuit was filed in August 2019 in Stamford/Norwalk Superior Court.
Norris said Monday that Hernandez "has trouble lifting her left arm very high, and sometimes, she feels a twinge if she has to reach behind her."
Representing the insurance carrier, The Main Street America Group, was John Miller, a partner with Hassett & Donnelly in Hartford. Miller didn't respond to a request for comment.
In court pleadings, the defense argued Hernandez was negligent for her own fall in that she "was inattentive, and failed to make a reasonable and proper lookout."
Robert Storace
Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437-5950.