Connecticut Accident Law – 80-year-old who fell at hospital awarded $108,645 by Superior Court

2015-03-12 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Category: Pedestrian accident news

Peter K. O'Keefe

In a trial to the court, the court finds constructive notice of a defect where an exterior sidewalk was uneven as it joined another sidewalk.  The plaintiff broke a toe, and sustained neck and back injuries.  The court finds 40% contributory negligence.  The court awards medicals of $131,076 and $50,000 in noneconomic damages, and reduces the award based on the comparative fault to $108,645.  Rockhill v. Danbury Hospital, Feb. 2, 2015

In CT, the full amount of the medical special damages goes to the jury/fact finder, not the reduced rate that Medicare pays.  There is then, post trial, a collateral source hearing where the verdict is reduced by the amount of collateral sources.  Since 2012 here that collateral source hearing may include “evidence that a [medical provider] accepted an amount less than the total amount of any bill generated by such [medical provider] ... or evidence that an insurer paid less than the total amount of any bill generated by such [medical provider]”.  Conn. Gen. Stat. § 52-225a(b).  In the Rockhill case, there may be a subsequent reduction of the award based on these collateral source issues.  The case docket for that case shows a motion for a collateral source reduction hearing.


If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 278-4040.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield and Farmington, our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case.  860 278 4040

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