Case Background
On December 7, 2020, what should have been an ordinary errand turned into a painful ordeal for Richard Atkinson. That morning, Atkinson visited Russell Speeder’s Car Wash in Milford, Connecticut, a location on Cherry Street that operated under the management of Russell Speeder’s Management Company, LLC. He walked across the exterior premises of the business as a paying customer.
As he made his way on foot, Atkinson slipped on what he described as a slick accumulation of soap and wax runoff. The substances had allegedly pooled near the car wash exit area, creating a hidden hazard for anyone crossing the lot. When his feet went out from under him, Atkinson struck the ground violently. The impact left him with serious injuries, including a torn left rotator cuff that later required surgery.
Atkinson filed suit in June 2022, naming Russell Speeder’s Management Company, along with the Fairfield and Shelton affiliates of the car wash chain. He claimed all three entities bore responsibility for unsafe conditions on the premises.
Cause that led to the dispute
The complaint alleged that the accident stemmed from negligence in how the car wash maintained its property. Atkinson’s legal team argued that the company and its affiliates knew, or should have known, that soap and wax runoff routinely collected on the ground where customers walked. They claimed that staff failed to inspect the area, failed to clean it in a timely manner, and did not place warnings or barricades to alert patrons of the risk
The defense denied those claims. In its answer, Russell Speeder’s rejected the allegations of negligence and filed special defenses. Attorneys argued that Atkinson himself bore responsibility because he failed to keep a proper lookout, did not notice the conditions in front of him, and failed to step around or avoid the area. They also suggested that any injuries he suffered were the result of his own carelessness.
Injury
The fall left Atkinson with a left rotator cuff tear that required surgical intervention. Doctors documented ongoing pain, weakness, and loss of function in his shoulder. His recovery involved diagnostic testing, surgery, and therapy. Despite treatment, his attorney argued that the injury caused permanent limitations that interfered with his ability to work and engage in normal activities.
In addition to the physical harm, Atkinson reported emotional distress, frustration, and anxiety about his reduced physical abilities. He told the court that the incident robbed him of the independence and quality of life he had enjoyed before the accident.
Damages
Atkinson sought compensatory damages for both economic and noneconomic losses. Economic damages included the costs of medical treatment, surgery, therapy, medications, and diagnostic imaging. He also claimed lost income due to his time out of work. Noneconomic damages sought to cover pain and suffering, mental anguish, and the reduced ability to enjoy daily activities.
The lawsuit specifically noted that his injuries might be permanent, creating a continuing need for medical care and limiting his future earning capacity.
Legal Representation
Plaintiff: Richard Atkinson
Counsel for Plaintiff: R.J. Weber
Defendants: Russell Speeder’s Management Company, LLC | Russell Speeder’s Car Wash of Fairfield, LLC | Russell Speeder’s Car Wash of Shelton, LLC
Counsel for Defendants: James E. Wildes
Key Arguments and Proceedings
Plaintiff’s Claims
Atkinson’s counsel, R.J. Weber of Weber & Rubano, argued that the case was straightforward premises liability. He emphasized that property owners have a duty to keep their premises safe for invitees, and that Russell Speeder’s breached that duty by allowing soap and wax runoff to accumulate. He described the lack of signage, cleaning, and barricades as clear evidence of negligence.
Weber reminded jurors that Atkinson had entered the premises as a lawful customer, not as a trespasser, and that he walked with due care. He argued that Atkinson’s injuries were severe, life-changing, and directly traceable to the unsafe condition on the property.
Defense Arguments
The defense, led by attorney James E. Wildes of the Law Offices of Cynthia M. Garraty, painted a very different picture. They argued that Atkinson failed to exercise ordinary caution. According to the defense, he should have seen and avoided the area where he slipped. They told jurors that property owners cannot be held liable every time someone falls if the hazard was open and obvious or if the plaintiff ignored his surroundings.
The defense also suggested that Atkinson exaggerated the severity of his injuries. They questioned whether his rotator cuff tear stemmed entirely from the fall or whether it could be related to preexisting wear and tear.
Jury Verdict
On October 16, 2024, the jury in Milford Superior Court delivered its decision. The panel found in favor of Russell Speeder’s Management Company, LLC and its affiliates and against Richard Atkinson.
The verdict meant that Atkinson received no damages. The jury concluded that the defendants were not negligent in maintaining the premises and bore no legal responsibility for the fall.
For Atkinson, the outcome marked the end of a two-year battle without financial recovery. For Russell Speeder’s, the verdict represented a complete defense victory, affirming their position that the accident was caused not by property neglect but by individual circumstances.
