Case Background
This case had arisen from a fall that had occurred in East Haven, Connecticut. On October 27, 2017, at around 7:00 p.m., Eileen Tobin had visited the Mansfield Landing Yachting Community. She had gone to Building 1 at 233 Mansfield Grove Road, an office she had entered as a business invitee.
As she stepped outside, she used the stairs that connected the building to the walkway. The exterior light above the steps was not working. In the fading October darkness, she descended the stairs. Without lighting, she misjudged her footing, slipped, and fell down the steps.
Tobin said the poor lighting created a hazardous condition that the property owners and managers had allowed to persist. She filed suit against Mansfield Landing Yachting Community, Inc., the property owner; Pagliaro, Inc., operating as Collect Associates, the maintenance company; and Empire Property Management Corporation, which also managed the premises.
Cause
Tobin argued that the fall happened because the defendants failed to maintain safe premises. She pointed to the broken light above the stairs. She said they knew, or should have known, that the outage created a dangerous condition, yet they failed to replace the bulb or warn visitors.
Injury
The fall left Tobin with multiple serious injuries. Medical records detailed torn rotator cuffs in both shoulders, a subscapularis tendon tear, and impingement in her left shoulder. She suffered acute pain in her right hip and left knee, a hematoma in her right hip, an effusion in her left knee, and an impaction fracture to her left kneecap.
She also sustained arthritis aggravation in her hips, shoulders, and lumbar spine. Her doctors linked these conditions to the fall, noting that they worsened her pre-existing conditions. Tobin reported ongoing pain, mobility issues, and difficulty performing daily activities.
Damages
Tobin’s complaint sought damages for medical bills, diagnostic imaging, prescription drugs, and physical therapy. She also asked for compensation for lost wages and diminished earning capacity. Her filings claimed her injuries caused long-term physical discomfort and restricted her ability to enjoy life.
By the time of trial, her medical bills reached into tens of thousands of dollars, including hospital visits at Yale New Haven Hospital and MidState Medical Center, as well as orthopedic treatments
Legal Representation
Plaintiff(s): Eileen Tobin
· Counsel for Plaintiff(s): Donald G. Walsh
Defendant(s): Mansfield Landing Yachting Community, Inc. | Pagliaro, Inc. d/b/a Collect Associates | Empire Property Management Corporation
· Counsel for Defendant(s): Miles N. Esty
· Experts for Defendant(s): Craig Foster | Steven Selden
Claims Asserted
Negligence Against Mansfield Landing
Tobin said the property owner allowed a dangerous condition to exist, failed to inspect the lighting, and failed to replace the bulb. She also claimed they failed to warn visitors.
Negligence Against Pagliaro, Inc.
She claimed the maintenance company had control of the property and should have fixed the lighting or warned of the danger.
Negligence Against Empire Property Management
Tobin argued the management company shared responsibility for maintaining safe conditions.
Defendant’s Position
The defense denied responsibility. Mansfield Landing admitted it owned the property but disputed liability for the fall . Pagliaro and Empire, as maintenance contractors, also deflected blame. Collectively, they argued that Tobin bore responsibility for her own fall.
In their special defense, they claimed she failed to keep a proper lookout, chose to walk in darkness knowing the light was off, and failed to use a portable light. They said her negligence either caused the accident or contributed significantly to it.
Jury Verdict
On September 23, 2024, the jury returned its decision. They found Mansfield Landing Yachting Community, Inc. 50% responsible and Tobin 50% responsible.
They awarded $80,968 in economic damages for medical expenses and lost wages. They also awarded $160,000 in noneconomic damages for pain, suffering, and loss of enjoyment of life. The total came to $240,698.
Because the jury assigned 50% fault to Tobin, her award was reduced by half, bringing the final recovery to $120,484.50.
