Legal Memorandum: Cases of Elbow Injuries in Slip-and-falls

Issue: In Connecticut, what jury verdicts have been returned in cases involving a slip-and-fall incident where the plaintiff sustained elbow injuries?

There have been jury verdicts in Connecticut regarding elbow injuries in slip-and-falls.  Many of the reported verdicts involved fractured elbows or elbow injuries as well as other injuries. 

·         Linda Hanley, Administratrix for the Estate of Margaret Marshall v. Naugatuck Housing Authority, Waterbury Sup. Ct. No. UWY-CV11-6011642-S, 2014 Jury Verdicts LEXIS 12275 (Conn. Sup. Ct. Dec. 17, 2014).

The decedent, an 80-year-old female, slipped and fell on an ice patch outside the rear of her apartment building.  She suffered contusions on her body, including her elbow, and subsequently died as a result of hypothermia.  The defense argued the decedent had failed to use proper care while walking outdoors because she wore slippers in inclement weather and did not wear her Life Alert necklace.  The trial lasted five days. 

After deliberating for six hours, the jury found the defendant liable for the decedent’s injuries, but not for her death, and awarded $800,000 to the estate, which was reduced by 30% for comparative negligence.

·         Norma Linke v. Heritage New London, LLC, et al., New London Sup. Ct. No. KNL-CV11-6009956-S, 2013 Jury Verdicts LEXIS 12526 (Conn. Sup. Ct. Oct. 9, 2013).

On October 3, 2010, the plaintiff, Norma Linke, a 77-year-old woman, visited New London and stayed at a Holiday Inn where she tripped and fell over bunched up carpet.  She sustained an elbow fracture and alleged knee injuries.  Discovery revealed that the defendant had twice inspected the carpet in the preceding year, but […]