Trial Magazine

Anne McDonald, 52, was taking a tour of the Noah Webster House museum. While ascending a winding wooden stairwell, she lost her balance and fell, striking the back of her head and right shoulder on the stairway and wooden floor. She suffered a traumatic brain injury and fractured her shoulder. She required surgery to stop a brain bleed and underwent two weeks of rehabilitation. She also required a total right shoulder replacement.

McDonald, whose medical expenses totaled approximately $194,000, returned to work as an editorial database specialist. Nevertheless, she suffers from cognitive deficits and has an increased risk of seizures and early dementia.

McDonald sued Noah Webster House, Inc., alleging that the stairwell was unreasonably hazardous and too steep, in violation of applicable building and fire safety codes. The plaintiff also asserted that the stairwell lacked a handrail and adequate lighting.

The defense argued the plaintiff had failed to exercise reasonable caution while ascending the stairs.

The parties settled for $2 million.

Citation: McDonald v. Noah Webster House, Inc., No. HHD-CV18-6094251-S (Conn. Jud. Dist. of Hartford at Hartford Super. Ct. July 6, 2020).

Plaintiff counsel: AAJ member Stewart M. Casper, Stamford, Conn.

Plaintiff experts: Gregory O’Shanick, brain injuries, Richmond, Va.; Michael Shanok, forensic engineering, Cheshire, Conn.; and Frederick Kadushin, neuropsychology, Springfield, Mass.

Defense expert: Nancy Hebben, neuropsychology, Hartford, Conn.