Ollennu v. Patel
At a bench trial, a court can award economic damages, for medical expenses, and non-economic damages, for pain and suffering. In July 2008, the plaintiff's wife allegedly complained to the defendant landlord that intermittently, without warning, the water in the premises was scalding. On Nov. 24, 2008, the plaintiff allegedly was taking a shower when the water, without warning, suddenly became scalding, and the plaintiff slipped and fell, breaking his wrist, which previously had been injured playing soccer. The plaintiff went to the hospital and to Connecticut Sports Medicine. Dr. Andrew Caputo, of Orthopedic Associates of Hartford, performed surgery. The plaintiff filed a premises liability suit against the defendant landlords. The court found that the plaintiff proved that the defendants received notice that the water would suddenly became scalding and that the defendants failed to remedy the dangerous condition. The defendants breached the duty to keep the premises reasonably safe. The plaintiff's medical expenses were $26,052. As a result of a pre-existing injury, the plaintiff already was a candidate for the exact same surgical procedure that he underwent. Although the surgery was likely inevitable, there is no indication when the surgery would have been necessary, in the absence of the slip and fall at the defendants' premises. The plaintiff proved that he suffered severe pain to his previously injured wrist and interference with life's activities. The court awarded economic damages of $8,684 and non-economic damages, for pain and suffering, of $17,500.