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.