LAW FIRM NEWS: Attorney Philip R. Dunn, Jr. obtains withdrawal after jury selection:

7/5/2017 | Philip R. Dunn, Jr.



LAW FIRM NEWS: Attorney Philip R. Dunn, Jr. obtains withdrawal after jury selection:

The plaintiff was the mother of the defendant’s tenants and claimed that after a visit and while leaving the premises, it was snowing and she attempted to avoid slush in the street by walking across the lawn and descending a retaining wall.  She slipped while stepping onto a gap in the retaining wall and fractured her ankle, necessitating an open reduction and the application of significant hardware.  The tenants had a written lease and assumed all snow removal obligations.  Attorney Dunn made the plaintiff’s son and daughter-in-law apportionment defendants.  The plaintiff attempted to craft her negligence allegations to avoid the ongoing storm doctrine and the negligence of her son and daughter-in-law by claiming a gutter downspout deposited water onto the retaining wall, thereby constituting a defect.  The defendant landlord denied that the area was a recognized walkway or stairway and denied knowledge of any icing issue on the wall.  The plaintiff offered evidence that her son and his family used the gap in the wall as a step and that there had been a gutter extension present to direct water away from the wall prior to her son’s tenancy.  The defendant acknowledged the gutter extension, but testified that it was to direct water away from the foundation – not the wall.  Attorney Dunn exposed multiple prior disabling conditions suffered by the plaintiff that contradicted her claim of significant impairment from her fractured ankle.  The totality of liability issues and questionable medical damages ultimately compelled the plaintiff’s counsel to withdraw the action the day before evidence commenced.

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) 276-8100.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield, Farmington, and Marlborough 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 during business hours or 860.966.7436 any time, or email us any time at

Our Farmington Satellite office:  
14 Greencrest Drive
Farmington, CT 06032


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