Walkway with ice and snow. Photo: Kolt_duo/Shutterstock.com

A former Vernon resident, who broke his leg after falling on a deteriorated walkway in his apartment complex that was covered up by an accumulation of snow and ice, has settled his lawsuit for $350,000.

According to the lawsuit filed in October 2017 in Tolland Superior Court, 41-year-old Jason Trimmer fell on the cracked walkway which, because it was covered in snow, “was not visible to pedestrians.” Trimmer, the lawsuit said, suffered injuries to his left leg, left knee and left hip. The incident occurred in January 2015 at 155 W. Main St. in Vernon.

The lawsuit and Trimmer's attorney said 155 West Main Street Associates, owners of the complex, were responsible for the injuries Trimmer suffered.

“The sidewalk was in poor shape and they knew, or should have known, that the walkway was deteriorated and that people would be walking on it,” said Trimmer's attorney, William Wynne, of the East Hartford-based Adler Law Group. “We suspect management knew about it or should have known about it, but did not care.” The walkway has since been fixed, Wynne said.

Trimmer, who now lives in Wyoming, had surgery to his left leg for which hardware was put in, Wynne said. “He is still in pain today. It still hurts him.” Trimmer had about $100,000 in medical expenses, his attorney said.

The two sides negotiated a settlement on Dec. 20 without the benefit of a mediator. According to Wynne, the plaintiff's original demand was $450,000 while the defense's initial offer was $185,000.

“The settlement is fair and our client is happy,” Wynne said. “Our experience in having dealt with many types of injuries over the years was that this was a reasonable place to end up for both sides.”

The building's management was represented by Jeffrey Schwartz, an attorney with the Hartford offices of the Law Offices of Cynthia M. Garraty. Schwartz did not respond to a request for comment Tuesday.

In court filings, the defense put the blame for the incident on Trimmer.

Trimmer, the filings said. was negligent for several reasons, including failing to keep and maintain a proper lookout and failure to watch where he was stepping and walking.