This is the area near the entrance to a CVS pharmacy in Guilford where Kimberly Taherian fell, landing on her head in February 2015. The area had accumulated with snow and ice. A jury awarded her $3.243 million. This is the area near the entrance to a CVS pharmacy in Guilford where Kimberly Taherian fell, landing on her head in February 2015. The area had accumulated with snow and ice. A jury awarded her $3.24 million. Courtesy photo

A New Haven Superior Court jury has awarded $3.24 million to a 50-year-old Guilford woman, who suffered a traumatic brain injury after falling on an accumulation of snow and ice outside a CVS Pharmacy in her hometown.

The six-person jury rendered its verdict in favor of plaintiff Kimberly Taherian, against defendant Finast Acquisition LLC, after deliberating for 1 1/2 days.

Plaintiffs counsel Stewart Casper said he believed he was able to sway the jury by showing the brain injuries his client suffered would most likely be lifelong.

"There has been a sea change in this area of medicine and law, and the problem, I believe, for the defense in these cases, is that they are still trying the cases as they were tried decades ago," said Casper, co-owner of Stamford-based Casper & de Toledo. "They are trying cases saying, 'Everyone gets better,' and that is not the science."

Casper said after the verdict, he and opposing counsel, Boston-based Marc Finkel, met for lunch with most of the jurors. He said those jurors believed his client's brain injuries were not likely to improve.

"The takeaway from our lunch with the jurors was that they thought the condition of the defendant's premises was atrocious," Casper said. "And they believed that my client had sustained a brain injury that had significant and lasting consequences."

Finkel is of counsel for Freeman Mathis & Gary. He declined to comment on the case. His client, Finast, managed and controlled the strip mall on Boston Post Road in Guilford, where Taherian fell, according to the amended September 2018 complaint. He could appeal the verdict, but opposing counsel says he sees no appealable issues.

19 Witnesses

Defense counsel Casper teamed with colleague Elizabeth Jones to handle the litigation.

Casper said Taherian fell on her head, after slipping on the ice and snow near the entrance of the CVS Pharmacy in February 2015.

He said Taherian had a laceration that required staples to the back of her head. He said a headache specialist now treats Taherian. Casper added that his client, who was a computer programmer, now has constant headaches and problems sleeping.

"She can't engage in prolonged activity and she is sensitive to bright lights and loud noises," he said. The prognosis will "more likely that not be on a lifetime course of migraine therapy which includes Botox injections into her scalp on a quarterly basis."

The plaintiff's side had 19 witnesses testify during the three-week trial. The bulk of the witnesses were individuals specializing in medical and technical matters. Taherian also testified at trial, her attorney said.

"Her testimony was typical of someone experiencing processing and word-finding problems," Casper said.

The defense, Casper said, had about six witnesses including a neurologist and a neuropsychologist.

The initial lawsuit cited Finast Acquisition and Shorehaven Landscape LLC as defendants. Casper said Shorehaven agreed to pay the plaintiff's side $325,000 to be withdrawn from the lawsuit. Of that $325,000, Casper said, the plaintiff's side would keep $100,000 and $225,000 would be placed in escrow, pending a resolution of a cross-claim Finast filed against Shorehaven.

Finast alleged in that cross-claim, which is still pending, that Shorehaven was in total control of the snow and ice abatement in the parking lot.

Shorehaven's attorney, Jonathan Beatty of Hamden-based Esty & Buckmir, did not respond to a request for comment Tuesday.

The defense, in court papers, alleged Taherian was negligent for her own fall. Among other things, the papers state, Taherian failed to keep a proper and reasonable lookout of her surroundings, and didn't take the weather conditions into consideration when exiting her car near the CVS Pharmacy.

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