Case Background
This legal dispute began when John Hayes visited the Fox Meadows condominium complex in Cromwell, Connecticut. The property, located at 4 Fox Run Drive, became the center of a years-long legal battle after an ordinary walk down a set of stairs turned into a significant physical ordeal for Hayes. While the legal documents contain some discrepancies regarding the exact timing of the incident with one count citing June 2022 and another citing February 2021 the core of the grievance remained the same. Hayes acted as an invitee on the premises, meaning he was legally allowed to be there, and he expected the walkways to be safe for use.
As Hayes attempted to navigate the staircase in front of 28 Morning View Drive, specifically Unit 22F, he lost his footing and fell. This fall was not a minor trip; it resulted in serious fractures and lingering physical pain. Hayes eventually filed a lawsuit against Fox Meadows Condominium Association, Inc., and Elite Property Management, Inc., alleging that their failure to maintain the property led directly to his injuries. Over time, the case expanded to include Atlas Concrete Products as a Defendant, likely due to their involvement in the construction or maintenance of the concrete steps where the accident occurred.
Cause
The primary cause of the accident, according to Hayes, rested entirely on the poor condition of the staircase. He argued that the stairs were essentially a trap for pedestrians because they lacked basic safety features required by law. His legal team pointed out that the staircase did not have continuous handrails or guards on both sides, which violated both the state building code and the fire safety code.
Beyond the missing handrails, the lawsuit claimed the actual steps were physically uneven. Hayes alleged that the tread depths the horizontal part of the step where a person places their foot were not uniform. This lack of consistency made it difficult for anyone to maintain a steady rhythm while walking down the stairs. He further claimed that the Defendants had failed to inspect the stairs or warn visitors that the structure was deficient and potentially dangerous.
Injury
The physical toll on Hayes centered primarily on his right hand. When he fell, the impact was severe enough to break multiple bones simultaneously. Specifically, he suffered displaced fractures in the proximal phalanx of his little finger, his ring finger, and his middle finger. A displaced fracture is particularly painful because the bone snaps into two or more parts and moves out of alignment, often requiring significant medical intervention to reset.
In addition to the broken bones, Hayes dealt with a variety of other physical issues. He suffered from multiple bruises and contusions across his body and experienced a sharp decrease in the strength and range of motion in his right hand. These injuries were not just temporary setbacks; Hayes claimed that the pain and the limitations on his hand’s movement might be permanent, affecting his ability to perform daily tasks for the rest of his life. The emotional and mental stress of dealing with a sudden, debilitating injury also formed a part of his overall medical complaints.
Damages Sought
Because of the injuries and the long road to recovery, Hayes sought financial compensation from the Defendants. He filed an "Ad Damnum" notice, which is a formal statement of the amount of money a Plaintiff is looking to recover in a lawsuit. Hayes stated that the amount he sought exceeded $15,000.
This money was intended to cover several different types of losses. First, he needed to pay for past medical expenses, which included hospital care, diagnostic tests, and physical therapy sessions to regain the use of his hand. Second, he anticipated needing future medical care as the long-term effects of the fractures became more apparent. Finally, he sought "non-economic" damages, which are meant to compensate a person for the actual physical pain, mental anguish, and the loss of the ability to enjoy life’s usual activities.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): John Hayes
· Counsel for Plaintiff(s): Clifford Comerford
· Experts for Plaintiff(s): Mark W. Tebbets | Andrew G. Gabow
Defendant(s): Fox Meadows Condominium Association, Inc | Elite Property Management, Inc | Atlas Concrete Products
· Counsel for Defendant(s): David Sylvestre
· Experts for Defendant(s): Carl S. Cianci
Key Arguments or Remarks by Counsel
During the proceedings, the legal teams sparred over who was truly responsible for the fall. Attorney Clifford Comerford, representing Hayes, focused on the physical evidence of the staircase. He argued that the condo association and the management company had a non-delegable duty to keep the premises safe. By allowing the stairs to remain in a state that violated building codes—specifically the lack of handrails and uneven treads—they had essentially guaranteed that an accident would eventually happen.
On the other side, David Sylvestre, representing the Defendants, built a wall of denials. He argued that the Defendants did not have enough information to even confirm many of the basic facts of the fall and demanded that Hayes prove every single claim in Court. The defense's most aggressive tactic was to shift the blame back to Hayes himself, suggesting that the accident was the result of his own lack of attention rather than any defect in the stairs.
Claims
The lawsuit was divided into multiple counts to address the different entities involved.
Negligence of the Association The first major claim focused on Fox Meadows Condominium Association. Hayes argued that as the owner or controller of the complex, the association was responsible for the maintenance and care of the stairs. He alleged they were negligent because they permitted the stairs to become unsafe and failed to reconstruct them even though they knew, or should have known, that the stairs were dangerous.
Negligence of the Management Company The second count targeted Elite Property Management, Inc. Hayes claimed that this company was hired to manage and maintain the commercial apartment building and therefore shared the blame for the defective stairs. The allegations mirrored those against the association, focusing on the failure to inspect the premises and the failure to provide a reasonably safe environment for pedestrians.
Violations of Safety Codes A central part of the legal claim was the technical violation of safety standards. Hayes argued that the staircase was a "defective condition" because it lacked the continuous guards and handrails required by the fire safety code. He also alleged the tread depths did not meet the building code's requirements for uniformity, which directly contributed to his slip and fall.
Defense
The defense team relied on a strategy known as "Special Defenses" to combat the negligence claims.
Contributory Negligence The Defendants argued that if Hayes was hurt, it was because he was careless. They claimed he failed to keep a "reasonable and proper lookout" for his own safety. In simpler terms, they argued he wasn't looking where he was going. They further alleged that he failed to use his "faculties and senses" to avoid the accident and did not take the precautions that a reasonably prudent person would have taken in the same situation.
Lack of Information In their formal answer to the complaint, the Defendants frequently stated they lacked "sufficient information" to admit or deny the Plaintiff's version of events. By doing this, they forced Hayes to provide strict proof for every detail of his injury and the mechanics of the fall. They also flatly denied any allegations that their conduct was negligent or careless.
Jury Verdict
The trial concluded in February 2026 at the Superior Court in Meriden. After hearing the evidence regarding the staircase, the injuries to Hayes’s hand, and the arguments regarding personal responsibility, the jury reached a decision.
On February 19, 2026, the jury foreperson signed a verdict form in favor of the Defendants. Specifically, the jury found against the Plaintiff, John Hayes, and in favor of Atlas Concrete Products. The legal battle, which had lasted over three years, ended with a total victory for the defense.
Court Documents
