Falling TV at UConn Health Center Waiting Room Nets $235,070 Verdict

On May 4, 2006, Nilsa Cordero was sitting in the emergency department waiting room at the University of Connecticut Health Center when she reached up to manually turn on a suspended television. The set fell, striking her and causing injuries to her neck, right shoulder, and right hand. Investigators found that worn threads on the mounting spindle had left the unit structurally unsecured.

Cordero had come to the facility in her capacity as a driver, placing her in a public waiting area that the Health Center controlled and was obligated to maintain in reasonably safe condition. Her injuries required medical treatment and resulted in both temporary incapacity and a finding of permanent partial impairment, for which she also received workers' compensation benefits through her employer.

Attorney Emanuele Cicchiello, joined by co-counsel Michael Reilly, tried the negligence case to the court. The judge found in Cordero's favor, ruling that the Health Center had constructive notice of the worn mounting and had failed to keep the waiting room reasonably safe, and awarded total damages of $235,070.83, allocating $85,070.83 to economic losses and $150,000 to noneconomic harm.

Because the state had covered part of Cordero's medical care through general assistance, it asserted a lien of $70,682.33 against the award. After deducting $156,174.10 in litigation expenses, attorney fees, and a workers' compensation lien, $78,896.73 remained. The trial court applied Connecticut General Statutes Section 17b-94(a), capping the state's setoff at 50 percent of the net recovery, or $39,448.37, rather than allowing full recoupment of the lien.

The University of Connecticut Health Center, as a state entity, appealed that ruling. In March 2013 the Connecticut Supreme Court reversed the trial court on the setoff question, holding that Section 17b-94(a) does not limit a state agency's right to recoup its lien when the beneficiary has sued the state itself. The court concluded the full lien amount could be deducted from the net recovery. The underlying negligence judgment and the $235,070.83 damages figure were not disturbed.