April 10, 2017
from Superior Court, judicial district of Stamford-Norwalk,
Maxwell W. Barrand, for the appellant (plaintiff).
Cynthia A. Watts, for the appellee (defendant).
Lavine, Keller and Pellegrino, Js.
plaintiff sought to recover damages from the defendant, M
Co., for alleged negligence when she was in the men's
bathroom on M Co.'s premises and the bathroom sink
collapsed, causing her to fall and land upon the shattered
pieces of the sink and sustain injuries to her buttock. At
trial, it was contested whether at the time the sink
collapsed, the plaintiff was standing at the sink taking a
picture of herself or attempting to urinate in the sink.
Following a trial, the jury returned a verdict finding the
plaintiff 90 percent liable and the defendant 10 percent
liable, and the trial court rendered judgment for the
defendant, from which the plaintiff appealed to this court.
The plaintiff claimed that the trial court improperly
admitted into evidence a photograph of the plaintiff's
uninjured buttock because it was irrelevant, and a certain
portion of her hospital emergency room records stating that
she was trying to urinate into the sink because it was
1. The trial court did not abuse its discretion in admitting
into evidence the photograph of the plaintiff's uninjured
buttock; photographs of the plaintiff's injury and
subsequent scarring were also admitted into evidence, and the
photograph of the uninjured buttock therefore was relevant to
helping the jury compare the two buttocks.
2. The trial court properly admitted into evidence the
portion of the plaintiff's hospital records stating that
she was trying to urinate into the sink as a statement by a
party opponent, an exception to the rule barring hearsay,
because there was credited testimony by the hospital
physician who prepared the challenged report attributing the
statement to the plaintiff, and the plaintiff admitted to
having told hospital staff how the accident occurred;
alternatively, the statement was also admissible under the
hospital records exception to the hearsay rule, because it
was part of the plaintiff's medical history in the
emergency room report used to check for any injuries that may
initially have been missed by the treating physician due to
the nature of the accident, and thus the statement was
pertinent to the plaintiff's diagnosis and treatment.
to recover damages for personal injuries sustained as a
result of the defendant's alleged negligence, and for
other relief, brought to the Superior Court in the judicial
district of Stamford-Norwalk, where the court, Lee,
J., denied in part the plaintiff's request for leave
to amend the complaint; thereafter, the matter was tried to
the jury; verdict and judgment for the defendant, from which
the plaintiff appealed to this court. Affirmed.
plaintiff, Stephanie Reyes, appeals from the judgment,
rendered after a jury trial, in favor of the defendant,
Medina Loveras, LLC. The plaintiff claimed that she sustained
serious physical injuries when a bathroom sink on the
defendant's premises collapsed beneath her. The plaintiff
claims on appeal that the trial court improperly admitted
into evidence (1) a photograph of the plaintiff's