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Woman Sues Crystal Mall For Black Friday Fall

A South Glastonbury woman has sued the Crystal Mall after she slipped on a puddle of water in the mall while shopping at 4:30 a.m. on Black Friday 2009.

A South Glastonbury woman is in the midst of a lawsuit against the Crystal Mall after she sued the Waterford shopping center when she slipped and fell on a puddle at 4:30 a.m. on Black Friday 2009.

Diane Mincarelli filed a suit against the mall in December of 2011 after she slipped and fell on water on the floor of the mall at 4:30 a.m. on Nov. 27, 2009. November 27, 2009 was the day after Thanksgiving that year, a day commonly referred to as Black Friday as retailers, including the Crystal Mall, offer special deals and open at earlier times to entice hoards of holiday shoppers.

The fall caused Mincarelli to suffer contusions to her hip, a “sprained and/or fractured wrist,” a right knee injury that later required an arthroplasty to fix, pain in her neck that caused her headaches and the fall also aggravated a previous injury to her left ankle, according to a complaint written by Mincarelli’s lawyer, David Bush of the Hartford law firm Brignole, Bush and Lewis. Also, the fall caused Mincarelli “emotional pain and suffering,” “past, present and future disability” and “loss of enjoyment of life’s activities,” according to the complaint.

In the complaint, Bush alleges the puddle in the mall came from water leaking from the roof. Bush argues that the mall is liable for not fixing the leak and for not informing Mincarelli of the puddle of water.

Mincarelli is suing for money, compensatory damages and “such other, further and different relief as the court may deem relevant,” according to the complaint. The lawsuit is still pending in court and a pre-trial conference is schedule between the mall and Mincarelli on Jan. 4, 2013.

The Crystal Mall refused to comment on the case as it is pending litigation.

Ron December 07, 2012 at 01:12 PM
People fall every day of the year because they are unaware of their surroundings. In life accidents are most often caused by people not having situational awareness. She is suing because she says the Mall did not "inform her" of water on the floor. I assume if she was shopping on the busiest day of the year she has eyes or other physical senses that enhance the buying experience, and alert people to both opportunities and/or dangers. Also the other 10,000 ;people who walked the same area and experienced the same water puddle DID NOT fall so I assume they were more careful, or more responsible for their actions. In life we are often "not informed" .Did someone "inform" her when she drove her car on the highway that some people were driving faster (or slower) than other vehicles, or that she may have to make an emergency stop, or other actions that normal people detect... and react to ? It is inevitable her lawyer will make a huge case and burden the court system until they receive a judgement. Hopefully there is not a banana peel in her, or her lawyer's path in the future because we will be paying more for bananas. It is sad she got injured but there has to be a case for individual responsibility somewhere in our lives.
Anthony F December 07, 2012 at 02:18 PM
Not a suprise she's from Glastonbury. Money is all they care about
Ron December 07, 2012 at 02:46 PM
I would also tell her to ride the urine soaked elevators at the Winthrop Apartments in New London. It is a legal slam dunk for lawsuits and payouts. All the people would said they could not smell, or see the urine released to these areas on a regular basis, and then slipped, all won good money settlements.
Foofaraw December 07, 2012 at 03:03 PM
I almost totally agree with you Ron. I would also say because it was indoors (as opposed to falling on ice in the parking lot) the Crystal Mall is responsible for a safe environment. Suing for her medical bills and expenses is expected, and surely the mall has insurance to cover it. As far as pain and suffering and lost wages---she needs to share the responsibility---and yes, I agree, be aware of your surroundings.
Ron December 07, 2012 at 03:24 PM
Foofaraw: What is safe ? Safe has to be put in a context of what is called the "reasonable man approach". To be absolutely safe the Mall would provide an assistant to guide every shoppper, have floors and walls made of cushioned surfaces, give signed consent forms to "inform" all shoppers etc. When you take aspirins the FDA does not state you cannot die from this drug...what they say is it is safe for the majority of people. It was evidently safe for the 10,000 other people that day that did not fall in the mall undet the exact same circumstances. This includes the old and infirmed, those with impaired eyesight, children who were running, those that are clumsy, those that were on recreational drugs or alcohol with impaired coordination, and all the workers in the mall that number probably close to 800. I would say the Mall that day was safer than the average American's home, place of work, automobile, or hobby. The lawyer suing the Mall would contest this exact same verdict and pay out he is seeking, if this woman fell in his house, yard, boat, car, or driveway and would use the argument and reasoning I supplied above as the reasonable man approach to what is considered safe in society at large.
wildflower December 07, 2012 at 04:36 PM
Just because we haven't heard of others falling, that doesn't mean they didn't. And, since there was no reason for water to be in the mall- other than negligence- why would someone go around looking for it or expecting it? She wasn't poolside, nor in a greenhouse, nor a champagne-spraying World Series clubhouse. She was in an indoor space with no known sources of water which she could have known to be alert for. Yes, it could be a huge money-seeking scam, but it certainly sounds reasonable.
BJ December 08, 2012 at 12:52 AM
Wear sensible shoes, and take responsibility. These stupid lawsuits cost us all more than you can imagine.
Ron December 08, 2012 at 01:21 AM
I was waiting for someone to say " how do you know others did not fall" and the Mall was obviously negligent (meaning they will pay a huge settlement in lay terms). Also wildflower says she did not "expect water"...well what if someone's heel fell off their shoe and she tripped on that, or a plastic bag was dropped and she slipped on that, or the person in front of her dropped an umbrella and she slipped on that. She would not have expected any of these situations either, or had a pre-warning from the Mall management of these events. Well the answer is probably no one else fell and if they fell they obviously did not sue because we would have had 2 lawsuits from the 10,000 people at the Mall on the busiest day of the year---but we only had one.
The other end of Town December 08, 2012 at 03:53 AM
No really, what happened to "Responsible for your own actions"? Wait, I think that’s changed to “entitlement”! So sad to see the death of common sense so soon in my lifetime! I’ve got it! “New Justice System law”; the prosecuting lawyers will now have to pay the full damages, including court fees for both sides, if their case is lost. I think that might stop these ridiculous lawsuits?
Ron December 08, 2012 at 04:01 AM
The only responsibility today is to vote Democratic and get all entitlements for life, or union job which is a job and pension and medical benefits for life, or a GM rescue package and be able to continue uneconomic costs and operation and have all your debts paid forever. Of course suing is also a very effective tool and can be used multiple times. This slip lawsuit at the Mall will yield more of a payout than what the government gives to a serviceman's family when he is killed in battle.
Casey December 08, 2012 at 01:35 PM
A large number of lawsuits will be filed this year in state courts throughout the country - over 15 million. That works out to one new lawsuit every two seconds - or one lawsuit for every 12 adults in America. The threat and reality of being sued by just about anyone for just about anything is altering how Americans go about their business: • one in 10 obstetrician/gynecologists have stopped delivering babies. • teachers and principals now avoid the ordinary disciplinary judgments needed to maintain order in the classroom. • playgrounds are being stripped of time-honored sources of children's exercise and amusement, such as seesaws and swings, because if someone gets hurt, someone else gets hurt by being sued. Maybe we could reduce frivolous lawsuits by requiring lawyers as officers of the court to sign each suit they file under penalty of perjury stipulating that the suit has a basis in law and probability of fact—the same we all do when we sign our tax returns.
Daniella Ruiz December 08, 2012 at 11:11 PM
i almost tripped over one of those orange 'Floor is Wet" cones left in the pedestrian traffic lanes of the mall one day. the floor was perfectly dry for as far as i could see too. was that negligence on the part of the mall or was i just too dumb to appreciate a golden opportunity? the simon group of indianapolis ia, that manages these malls, quite a few of them, is fully insured to cover these 'mishaps' and both the lady and her legal team know plain well they will be giving a bundle of people something to do (a job!, a reason to live!). the doctors, nurses, hospital staff, therapists, papershufflers, receptionists, internet security to protect her medical privacy, lawyers, consultants, deposition tran-scriptionists, expert witnesses, EMT staff, EMT first responder statements to the lawyers, bystander depositions, a union rep to keep the janitor's job who 'missed the spot', the security guy that drives around and around and around who showed up to keep the ambulance safe from people crashing into it, the pharmacy who doles out her Oxycontin, Morphine and more.....(probably 50 more at least!) i could keep on listing all the people that are thankful this poor, broken and horribly injured ( ROFL) woman is creating with this lawsuit just to keep them employed, busy and out of trouble.
Daniella Ruiz December 08, 2012 at 11:12 PM
if she had been so careless to have worn decent shoes, all those people would be ship outa luck!. need i say more? yes, i think i do, she should be banned from this mall and any other venue that see's her coming. the folks at the courthouse better make sure they have anti skid slip-overs for her when she arrives there too!
Ron December 08, 2012 at 11:21 PM
Daniella I agree with you 100 %
Mari F December 22, 2012 at 01:47 PM
I'm going to place the blame squarely where it belongs: THE CRYSTAL CHANDELIER WASN'T ON AND HAS NOT BEEN FOR A LONG TIME!!! WHY???
Mari F December 22, 2012 at 02:03 PM
I agree. Searching the shelves in Walmart for dogfood I was certainly NOT looking down when I failed to notice water on the floor and slipped and fell on my rear. I embarrassedly picked myself up and went to the front desk to report the puddle. I twisted my knee and was in pain for weeks after, but somehow suing the company never crossed my mind. This does happen regularly as water drips off pallets used by employees to transfer items through the store.
Mari F December 22, 2012 at 02:20 PM
Omg, you. Lol
Ron December 22, 2012 at 03:25 PM
Mari" I agree with your post in which you said you fell in Walmart from water dripping off a pallet and got hurt but never thought of suing. That is the difference between you and someone who sees an opportunity for suing and going after the deepest pockets with their lawyers encouraging them all the way so they share the bonanza.
Judy March 26, 2013 at 02:09 PM
I opened the door at the mall entrance and trip over a rolled up rug that was against the door. I managed to recover from the trip so I didn't fall. I told a security guard. She really could of care less .My concerned was that others would not trip. She asked if I was injured and wanted to make a report. I said I was not injured but wanted to report it so they could fixed the problem. She could of care less! She said she couldn't do anything cause I wasn't injured. Lol!

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