Case Background
Dwayne Branch brought a civil action against the City of New Haven. The Defendant is a municipal body governed by Connecticut law. Its statutory duty includes maintaining public sidewalks in safe condition. The incident occurred on a public sidewalk in front of 41 Highview Terrace. The area was within the City’s jurisdiction and used by pedestrians.
Cause
On May 18, 2021, around noon, Dwayne Branch was walking on the sidewalk. He was exercising due and reasonable care. While walking, he rolled his left ankle on a loose, broken section of concrete. The sidewalk was uneven and poorly maintained. The City of New Haven, responsible for regular inspection, failed to act. It neither repaired the defect nor warned pedestrians. The Plaintiff argued the defect existed for a considerable time. He claimed the City either knew or should have known about the hazard.
Injury
As a result of the fall, Dwayne Branch sustained a left ankle injury. He experienced significant physical pain. The injury shocked his nervous system and caused emotional distress. His daily routines and normal activities were disrupted. The pain and trauma may continue into the future. Some of the injuries could be permanent.
Damages
Dwayne Branch incurred medical expenses due to the injury. He may need further treatment, adding to the financial burden. He also suffered emotional strain from the accident. His quality of life declined. He filed the lawsuit under Connecticut General Statutes Section 13a-149. On June 25, 2021, he provided timely notice of his intent to sue. He sought compensatory damages and any other relief deemed appropriate by the court.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Dwayne Branch
Counsel for Plaintiff: Weber & Rubano LLC
Defendant: City of New Haven
Counsel for Defendant: John F. Leonard
Claims
Negligence and Breach of Statutory Duty
The City of New Haven bore statutory responsibility for maintaining its public sidewalks in a reasonably safe condition. On May 18, 2021, Dwayne Branch was walking on the sidewalk in front of 41 Highview Terrace when he rolled his ankle on a broken, loose slab. Branch was exercising due care. The city either knew or should have known of the sidewalk defect but failed to take corrective action. The unsafe condition existed for a prolonged period and posed a clear hazard to pedestrians. The city’s failure to inspect, repair, or warn constituted a breach of its legal duty under Connecticut General Statutes § 13a-149.
Physical and Emotional Injuries
Branch sustained a left ankle injury, along with related pain and suffering. His nervous system was impacted, and he endured significant physical and mental distress. The injuries affected his ability to participate in daily activities and may cause lasting impairment.
Economic Damages
As a result of the injury, Branch incurred medical expenses and may require future treatment. The condition affected his quality of life and imposed additional financial burdens tied to care and recovery.
Compensation
Branch pursued compensatory damages for his physical, emotional, and financial injuries. He requested a jury trial and any relief deemed appropriate by the court.
Defense
In its defense, the City of New Haven admitted that the incident occurred within its territorial limits and that the sidewalk on Highview Terrace is public and accessible to pedestrians. However, the City disputed the extent of its statutory duty, denying that it is responsible for maintaining all sidewalks and streets within its boundaries. Instead, the City asserted that it is only obligated to maintain certain areas. It further denied knowledge of the specific sidewalk defect described by the plaintiff and left the burden of proof on the plaintiff for several key factual allegations.
The City categorically denied any breach of statutory duty, rejecting all claims of negligence and carelessness. It also denied liability for the condition of the sidewalk and disputed the nature, extent, and cause of the plaintiff’s injuries. While it acknowledged receiving notice of the claim, it challenged the legal sufficiency of that notice. Throughout its defense, the City consistently stated it lacked sufficient information to confirm or deny many of the plaintiff’s assertions, effectively requiring the plaintiff to prove each element of the claim in court.
Jury Verdict
On January 29, 2025, the jury rendered a verdict in favor of the plaintiff, Dwayne Branch, against the defendant, City of New Haven. The jury awarded the following damages:
Economic Damages: $77,000
Non-Economic Damages: $200,000
Total Award: $277,000
The verdict confirmed the City’s liability for the Plaintiff’s injuries resulting from the sidewalk defect in front of 41 Highview Terrace.
