Norwalk Hospital Prevails in Premises Liability Action
by Michael D. Neubert and Adam V. MaioccoJune 7, 2016
On June 3, 2016, the defense team of Michael Neubert and Adam Maiocco obtained judgment in favor of Norwalk Hospital in a premises liability action tried in Stamford Superior Court before Judge Donna Heller. The plaintiff claimed to have sustained a torn meniscus, and subsequently a torn rotator cuff, as a result of a fall from a chair in an atrium at the hospital. The plaintiff made a settlement demand prior to trial seeking $950,000. Attorneys Neubert and Maiocco established that the hospital did not have noticeactual or constructive- of any alleged defect or dangerous condition claimed to exist on the premises. In doing so, the defense also refuted the plaintiff’s attempts to use the “affirmative act of negligence” theory and “mode of operation” rule to establish liability. The Superior Court’s Memorandum of Decision in Thomas Olsen v. The Norwalk Hospital Association is linked.