Jury Awards Homeowner a Defense Verdict

Attorney Ralph Eddy successfully defended a home owner in a case tried to a jury in New Britain, Connecticut. In an unusual twist, the incident happened at a home in Vermont owned by the defendant; the plaintiff was a friend and was visiting one weekend. The plaintiff alleged that he slipped and fell on an icy driveway at approximately 12:30 a.m. while returning to the house from his vehicle. He had traversed this path same several times over that day. The defendant admitted that there were old icy patches on the driveway and that no sand or salt had been thrown down. But, he also testified it was difficult to keep the driveway clear.

The plaintiff fell on his back and hit his head, but did not notice any injuries initially. He began experiencing symptoms several days later, at which time he sought treatment for a headache. He was eventually diagnosed as having suffered a stroke around the time of the incident. His treating neurologist was a stroke specialist and testified the stroke and lasting residual problems were a result of the fall. The medical bills from the various doctors and physical therapists totaled $41,488.85.
Plaintiff’s counsel demanded $500,000.00 to settle the case – no offer was made in response. The jury found that the plaintiff was entirely responsible for the incident and rendered a verdict for the defendant.

McNamara v. Scricca, Superior Court, Judicial District of New Britain at New Britain, Docket No. CV-15-602-7988-S.