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In the case of Jullarine v. Briarcliff Realty, a mobile home park resident sued the park operator for injuries relating to a trip and fall. Allegedly, the resident fell on sealant on a crack in pavement that had been repaired. The resident sued the operator for negligence and private nuisance claims. In law a private nuisance is any activity of condition that is harmful to the health of another person or interferes with his reasonable use and enjoyment of his property. In law, negligence is the failure to use reasonable care, resulting in damage or injury to another. In order to succeed in this claim, the resident must prove that (1) the park operator owed a duty of care to the park resident, (2) the operator breached that duty and, (3) the breach of duty was a direct cause of the resident’s (4) real and compensable injury.
In December 2009, the operator undertook repair or sidewalks and walkways at the mobile home park. Later that month, the resident was walking on a sidewalk near his home when he stepped on sealant on a crack in the pavement improperly applied during the operator’s repair. This caused the plaintiff to fall to the ground and suffer personal injuries, including a left femur fracture. In response to the charges, the operator filed a motion to strike the resident’s claim for money damages for his personal injuries. In law, economic damages are compensation for monetary expenses related to an injury, such as medical costs and even lost wages. These damages are easily verified by medical bills, invoices, and employment records. Noneconomic damages compensate individuals for non-monetary losses, which are not readily quantifiable. Examples include pain-and-suffering, loss of future enjoyment, and loss of companionship. These damages are subjective, and determined by the jury or finder of fact. Specifically, the operator challenged claims for private nuisance, claiming that the resident lacked actual private interest in his mobile home property.
The court wholly rejected the operator’s argument. The court found the resident had claim to a sufficient property interest in his mobile home. “Once it has been determined that there has been an interference with the use and enjoyment of land, personal injuries and discomfort resulting from that interference are inseparable from the harm caused to the land” said the court.” The resident was thereby found to have a legitimate cause of action against the park operator.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Jullarine v. Briarcliff Realty, LLC, 2011 Conn. Super. LEXIS 2982 (Conn. Super. Ct. Nov. 25, 2011)
