Earlier this month, an appellate court in Connecticut issued a written opinion that will be of interest to victims of New Mexico slip-and-fall accidents because it illustrates the type of evidence necessary to establish liability in these types of cases. In this case, the plaintiff’s case was tried before a judge without a jury. After hearing the evidence on both sides, the judge entered a verdict in the plaintiff’s favor for approximately $108,000. The defendant appealed the lower court’s ruling to a higher court.
The plaintiff was at the defendant hospital visiting a loved one when she stubbed her toe and fell while walking on the sidewalk immediately outside the hospital. In her deposition testimony, the plaintiff explained that she did not know what caused her to trip at the time, only that the front of her toe slammed into something on the ground and that she subsequently fell. As a result of her fall, the plaintiff sustained a broken toe and other injuries.
The plaintiff filed a premises liability lawsuit against the defendant hospital, claiming that the hospital was negligent in maintaining the walkway. The plaintiff presented two reports from witnesses, explaining that there was a small but visible divot in the pavement in the immediate area where she fell.