Faced with representing a client who was injured when he tripped and stumbled—but did not fall—in a pothole near a cement curb in Stamford in 2016 injuring both of his legs, plaintiff attorney Mark Arons knew he had his work cut out for him.

The job was made even more difficult because there were no witnesses in the premises-liability case.

Plus, the attorney conceded, plaintiff Angel Vallejo bore some responsibility for the injuries he suffered, because he had decided not to walk around a visible pothole.

The odds seemed daunting.

But, in the end, Arons was able to secure $650,000 for his client.

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"This the first time I had someone get injured without actual physical contact. I've never seen anything like it in my 37 years as an attorney," said Arons, a partner with Bridgeport-based Miller, Rosnick, D'Amico, August & Butler.

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No fall, no case?

Vallejo had never hit the ground, but that didn't mean he wasn't injured, his lawyer argued.

But it was up to Arons to find the prima facie evidence to prove the case.

First, the attorney pursued all of Vallejo's medical records—and there were many. His client had seen pain-management doctors, a physical therapist, had undergone surgery in a hospital, and needed post-operative rehabilitation.

"Initially, the defense tried to make an issue out of there being no fall," Arons said. "It seemed very strange to have significant injuries without having fallen. But the medical documentation was very solid, especially in light of the surgery on both legs."

Arons' client's feet had become stuck in the pothole. Arons said Vallejo, a 51-year-old Stamford resident, and walked into the hole, but found his left leg stuck.

"While pivoting on the left leg, he skipped ahead with his right leg a couple of times, but caught himself before falling," the attorney said. "He fell forward with hands outstretched, but did not completely fall to the ground."

Then came the issue of liability.

"I had a client who probably was not as careful as he should have been," Arons said.

In mediation, the lawyer conceded his client might have been 50% at fault, a strategic and far-from-random number because in Connecticut plaintiffs receive nothing under the law if jurors deem them 51% or more responsible for their own injuries.

"We basically settled for 50% of what I thought was the full value of the case," Arons said. "He had more than $600,000 in medical bills, and this case could have been worth between $1.2 and $1.8 million. But a jury could have easily found this accident was my client's fault."

Vallejo sued two defendants: Beverage Barn, a store in the strip mall in question where the incident occurred, and Carole Marrucco, who owned and maintained the property.

Marrucco's insurer, Nationwide Mutual Insurance Co., paid $620,000 of the $650,000 settlement. His attorney, Terrence Molinari of the Rocky Hill-based Law Offices of John P. Calabrese, referred media inquiries to Nationwide.

The insurance company's director of public relations, Ryan Ankrom, did not respond to a request for comment at press time.

Counsel for Beverage Barn, M. Ashley Hill of the Law Office of Jeffery P. Apuzzo in Farmington, did not respond to a request for comment. But in court pleadings, Hill alleged that Vallejo was responsible for his own injuries, because the plaintiff had "failed to keep and maintain a reasonable and proper lookout."

Beverage Barn's insurer, Selective Insurance, paid $30,000 toward the settlement.

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