Case Summaries

State will pay $550,000 in wrongful death of 6-year-old
Relatives of abused boy lived in Norwich
The Day – October 26, 2006

The state has agreed to pay $550,000 to remedy, as much as possible, the wrongful death of David Ryan Keeley, who suffered repeated abuse at the hands of his state-appointed caretaker before he ultimately died, at age 6, of a head injury.

The money – secured through the efforts of Keeley’s paternal uncle and administrator of his estate, Norwich resident Kenneth E. Keeley Jr., and his attorneys – will be equally divided among Keeley’s surviving siblings, a 12-year-old sister who lives in Colorado and two half-siblings.

The abusive caretaker, David’s maternal aunt, Lynne Friend, was convicted of manslaughter in the boy’s death and is currently serving a 25-year sentence at the Janet S. York Correctional Institution. The boy was living in New Haven when he died on Aug. 12, 1998.

The boy’s parents were drug addicts and alcoholics, according to Norwich attorney Dennis A. Ferdon, the attorney for Kenneth Keeley. The state Department of Children and Families removed the boy and his sister from their custody in October of 1995. His maternal grandmother cared for the children for two years, but then asked to be removed as guardian.

Friend and her husband were appointed guardians after DCF conducted a home study and deemed them fit. The boy was then subjected to battering and abuse at the hands of his caretakers, according to Ferdon. Before he was found dead of blunt trauma to the head, the boy had a broken lip, cigarette burns all over his body and multiple red marks from being strangled with a telephone cord, according to a state report.

“The DCF didn’t respond to six calls involving abuse of this child,” Ferdon said. “The Child Fatality Review Panel investigated and stated DCF failed to take steps to protect the child.”

Kenneth Keeley retained Ferdon, hoping to obtain some money for David’s sister, who had also lived in the abusive home, and the children’s two half-siblings.

“I’ve been in contact with the grandfather who is raising her,” Keeley said. “He’s doing a great job. We were trying to get some money at least for her college someday.”

Ferdon filed a claim with the state Claims Commissioner, because the state cannot be sued without permission. The commission said it would not make an award if the boy’s biological parents were going to inherit the estate, so Ferdon went to probate court to prove the parents had abandoned the child. That accomplished, the Claims Commissioner recommended that the General Assembly make an award of $300,000, Ferdon said.

However, the General Assembly did not put an amount on the award and allowed the boy’s estate to sue the state in New London Superior Court.

Attorney Eugene K. Swain of Hartford filed the civil action. The state offered the $550,000 settlement within a couple of months. “They knew if a judge heard this case, they certainly wouldn’t be facing a verdict of $300,000,” Ferdon said.

The state’s Child Fatality Review Panel found that the child protection system had failed to take the necessary steps to protect the boy “despite clear and unambiguous evidence of physical child abuse.” The panel said each report of abuse was handled individually so that the agency failed to understand the full scope of the boy’s suffering. The panel said David was the victim of communication failure within the state and the community, and recommended the agency commence an aggressive public awareness campaign to stress the importance, and in some cases legal requirements, of reporting suspected child abuse and neglect.

Gary Kleeblatt, a spokesman for DCF, said the department is very different, and much improved, since 1998, when the tragedy occurred. He said training of social workers and supervisors is significantly improved and that investigators now examine the entire record each time new allegations of abuse or neglect are received.

The agency begins investigating reports from school the same day they are received and conducts background checks before placing children with relatives, he said.

Also, Kleeblatt said, “Extensive mandatory reporting training is offered through the community, and mandated reporter awareness is high.”

 

Canterbury woman wins $425K in suit
Norwich Bulletin, March 18, 2006

NEW LONDON – A Canterbury woman who suffered a cyst on her spinal cord as a result of a car accident involving an underinsured driver was awarded $425,000 Thursday by a jury. Stephanie Smiley, a 22-year-old admissions clerk at The William W. Backus Hospital in Norwich, settled her claim against the underinsured driver, but the amount recovered was inadequate to compensate her for her injuries, said Norwich Attorney Dennis Ferdon, who represented her in the civil case. She filed a civil suit against her insurance carrier, Middlesex Mutual Assurance Company, to recover the rest of her damages.

Her injuries had left her with permanent pain in her neck and back and numbness and a burning
sensation in her legs.

“It was a significant award because her insurance company had offered $30,000 to settle the case,” Ferdon said.

“The jury obviously felt differently.”

 

Norwich lawyer settles 1.7M suit
Norwich Bulletin, June 10, 2005

NORWICH - An East Haddam woman, represented by city Attorney Dennis A. Ferdon, has settled a lawsuit for $1.7 million.

Crystal Rugar, 21, of East Haddam settled her suit against Daniel Wiknik on May 26, as the case was set to go to trial.

The suit claimed on July 23, 2000, Rugar was riding in a golf cart at Sunrise Resort in Moodus, operated by Wiknik. Wiknik drove the cart backward down a hill and into a parking lot, where Rugar was thrown from the cart to the pavement.

She suffered amnesia and was later diagnosed with traumatic brain injury. Rugar never regained memory of the incident and uses medications every day for treatment.


 

Husband and wife settle with negligent driver for $1.2 million
The names of the injured people have been changed for confidentiality reasons.

Jane Doe and her husband, John Doe, settled their claims against Clyde H. Hall, Jr. for $1.2 million.

Jane Doe was driving west on Route 44 in Pomfret on May 15, 2003. At the same time, Clyde H. Hall, Jr. was driving east on Route 44. He lost control of his vehicle, crossed the center line and struck Jane Doe's vehicle head-on.

Jane Doe suffered injuries consisting of a severely comminuted left subtrochanteric femur fracture and a comminuted intertrochanteric, intraarticular distal femur fracture, a left transverse process fracture at L1, rib fractures on the left and a right first toe fracture. She underwent surgery to have hardware placed in her left leg to repair the fractured femur. She spent three weeks in a rehabilitation hospital after surgery to begin physical therapy. After her discharge from the rehabilitation facility, she underwent extensive physical therapy in an attempt to rehabilitate her left leg.

At the time of the crash, Jane Doe worked in the cafeteria at Nichols College, earning $7.25 per hour, working 30 to 40 hours per week. She was unable to return to work as a result of her injuries. She is currently receiving social security disability benefits because she is unable to work due to the injuries to her left leg.

Jane Doe was left with a 20% permanent impairment of function of her left leg, according to her treating physician. The insurance company for Clyde H. Hall, Jr. had Jane Doe examined by one of its orthopedic surgeons. He stated that Jane Doe has a 40% permanent impairment of function of her left leg as a result of her injuries.

Jane Doe's medical bills totaled $135,790.55. All of her bills were paid by her health insurance carrier.

Jane Doe was 49 years old at the time of the crash. It is likely she will not be able to work again as a result of her injuries. She finds it difficult to walk long distances without use of a cane.

John Doe, the husband of Jane Doe, filed a claim against Clyde H. Hall, Jr. for loss of consortium because he had to care for his wife during the first year after her injury, because she was unable to walk very much during that time.

Dennis A. Ferdon, Esquire filed a civil action on behalf Jane and John Doe against Clyde H. Hall, Jr. shortly after the accident occurred. He was able to get the case on the trial list very quickly. The case was scheduled for trial, to commence in June 2005. Attorney Ferdon was able to negotiate a settlement with the insurance company for Clyde H. Hall, Jr. in April 2005. The settlement was $1.2 million.

 

Man settles head injury suit for more than $1 million
August 2, 2002 - The Day

Norwich - A Colchester man has agreed to a settlement of more than $1 million in a lawsuit against two contractors he said were responsible for injuries he sustained while working at a construction site on the Mashantucket Pequot Reservation.

Michael Morrissey, 43, sued the contractors in Norwich Superior Court after suffering a traumatic brain injury Dec. 8, 1994, according to his attorney, Dennis Ferdon of Norwich.

Morrissey's lawsuit said he was struck in the head by a metal stud that fell from the second floor of a building, knocking him to the ground. Morrissey, though wearing a hard hat, sustained injuries to his head, neck and back, the lawsuit maintained.

In 1997, Morrissey underwent surgery to treat head and neck injuries. In 1998, he was diagnosed with depression and began seeing a psychiatrist, the lawsuit said. The following year, a neuropsychologist diagnosed him with a traumatic brain injury.

Morrissey sued Jesmac Distributors Inc. of Providence, which was responsible for erecting the metal studs, and C.R. Klewin Inc. of Norwich, the construction manager for the job at the reservation.

Neither contractor admitted culpability, agreeing to settle the case before it was scheduled to go to trial Thursday, Ferdon said.

Under the settlement, Morrissey will be paid $750,000 in a lump sum and $1,200 a month for the rest of his life, guaranteed for 20 years, Ferdon said.


 

Injured worker settles claim for $750,000

On August 14, 1998, at approximately 5:00 p.m., the plaintiff, Timothy Vernon, was riding as a passenger in the bed of a 1996 Toyota pickup truck, owned by his employer, Carlin Contracting Company, Inc., and operated by his fellow employee, the defendant, Scott R. Griffin. Griffin was driving in the left lane of two northbound lanes of Interstate 95 in the town of Old Lyme, Connecticut. The co-defendant, Eugene Gentile, operated a 1994 Jeep Cherokee in the left lane of Interstate 95, to the rear of the Griffin vehicle. Griffin slowed down because of heavy traffic in front of him. Gentile's vehicle violently collided with the rear of the Griffin vehicle. The Griffin vehicle flipped over, ejecting Timothy Vernon from the bed of the pickup truck.

Timothy Vernon sustained a fractured leg, tendonitis of both ankles, a sprain of the muscles of the low back, a cerebral concussion, and multiple bruises and scrapes as a result of the accident.

Mr. Vernon initially hired an attorney from Tolland County to represent him. Mr. Vernon eventually became dissatisfied with his attorney's services, and retained Dennis A. Ferdon to handle his claims.

Mr. Vernon's doctors eventually stated that he has a 67% permanent impairment of function of his leg as a result of the fracture, a 5% permanent impairment of function of both ankles as a result of the tendonitis, and a 7% permanent impairment of function of his low back as a result of the sprain. His doctors also stated that as a result of his multiple injuries he can no longer perform his regular job as a plumber's apprentice, but can perform light duty work.

Mr. Vernon received workers' compensation benefits each and every week after his injuries. In addition, the workers' compensation carrier paid all of his medical bills.

The workers' compensation carrier scheduled Mr. Vernon to be examined by one of its doctors. The carrier's doctor stated that Mr. Vernon has only a 10% permanent impairment of function of his leg as a result of the fracture, a 5% permanent impairment of function of the right ankle and a 7.5% permanent impairment of function of the left ankle as a result of the tendonitis, and no permanent impairment of function of the back.

Attorney Ferdon prosecuted claims on behalf of Mr. Vernon against all the drivers responsible for the accident, and their liability and uninsured motorist insurance companies. Liability on the part of Gentile was clear, as he struck the Griffin vehicle in the rear. Attorney Ferdon argued that Griffin was liable because he forced Mr. Vernon to ride in the bed of the pickup truck when he could have used a van to transport Mr. Vernon home from the job site that day.

The case was scheduled for a jury trial, to commence in January 2002. The parties agreed to mediate the case before a retired Justice of the Connecticut Supreme Court. The mediation took place in December 2001. The case was settled at the mediation for $750,000. The workers' compensation carrier, and the insurance carriers for Griffin and Gentile contributed toward the settlement.


 

Widow settles with negligent driver for $1.15 million
(At the request of the client, her real name and that of her deceased husband are not used in this summary)


On April 16, 1999, the plaintiff's husband, John Doe, was struck as a pedestrian while walking on the shoulder of a local, rural road. EMTs responded to the scene of the collision. John Doe had no vital signs at the scene and he was pronounced dead.

John Doe was 52 years old at the time of his death. He had worked as an engineer for many years before October 1997, when he was laid off. Immediately after he was laid off, he went back to school in order to learn how to operate computers.

The plaintiff's expert economist stated that based on earnings as a computer engineer, the loss of income of John Doe as a result of his death is approximately $483,000, with work-life to age 70.

Dr. Katsnelson, who performed the autopsy on the body of John Doe, was expected to testify that he had a normal life expectancy.

John Doe was married to Jane Doe for 28 years, before his untimely death. She filed a civil action against the defendant, in her capacity as administratrix of the estate of John Doe, and also in her own right, for loss of consortium.

Immediately after the civil action was filed, Dennis A. Ferdon and Carl D. Anderson, plaintiff's counsel were informed by defense counsel that the defendant has $1.25 million in automobile insurance coverage. Immediately upon notification of that fact, Dennis A. Ferdon and Carl D. Anderson filed an offer of judgment in the amount of $1.25 million.

Ferdon and Anderson filed an application for prejudgement remedy in the amount of $500,000 in conjunction with a motion for disclosure of assets. Dennis and Carl agreed with defense counsel that the parties would attempt to settle the case, by mediation, and that they would not serve the application for PJR on the defendant until after the mediation was finished. The case was settled at the mediation for $1,150,000. The widow, Jane Doe, was not required to testify during the mediation or at any time during the lawsuit. The case was settled within a year of her husband's death.


 

Husband and wife settle with negligent driver for $1.55 million
(At the clients' request, their real names are not used in this case summary)

John and Jane Doe settled their claims for injuries sustained in a motorcycle versus truck accident for a total of $1.55 million dollars.

On July 18, 1998, the plaintiff, John Doe, was operating a motorcycle on a local, rural road. His wife, Jane Doe, was riding as a passenger on the motorcycle. A truck operated by the adverse driver entered John Doe's lane of travel, causing a collision.

John Doe suffered injuries consisting of a fracture of one of the vertebra of the cervical spine, rib fractures, a collapsed lung, a fractured leg, fractures of several teeth, and a traumatic brain injury. He made a remarkable recovery from his injuries, and returned to work about four months after the collision. His work involved some manual labor, so upon his return, he was plagued with pain in his rib area and leg during the course of his work.

The traumatic brain injury somewhat altered John Doe's personality in that he became very irritable, at times. After the collision, he often would lose his temper at the drop of a hat. He found it difficult, at times, to find the right words when he was attempting to speak. All in all, he was functioning well by the time he returned to work.

Jane Doe suffered various cuts and bruises. Her major injury resulting from the accident was post-traumatic stress disorder with nightmares and flashbacks about the accident. She also suffered a temporomandibular joint injury, which caused popping and clicking in her jaw when she ate certain foods. She also became depressed after the collision because watching the effects of her husband's horrible injuries caused her to be very sad. She lost time from her job for several months as a result of her injuries.

Attorney Dennis A. Ferdon instituted a law suit against the driver responsible for the collision immediately after the accident. The case was set down for a pretrial conference and trial would have been held in early 2001.

The defense attorney asked Dennis if the injured plaintiffs wished to mediate their case. The plaintiffs agreed to mediation. The case was mediated before a retired judge of the Federal Court in November, 2000. The cases were settled for a total of $1.55 million dollars.


 

Japanese manufacturer forced to pay $2,000,000 to victim of contaminated pill

Dennis Ferdon obtained a settlement in the amount of $2,000,000 for a client who was permanently injured as a result of ingesting a contaminated over-the-counter sleep aide. Settlement was reached in 1994, after Dennis filed a lawsuit against the foreign manufacturer and distributor of the product and forced them to provide him with internal company memos about the contaminated pills. The following is a summary of the case taken from a newspaper article written shortly after Dennis filed the suit against the distributor of the product. Later on, when the identity of the manufacturer of the product was determined, Dennis sued the manufacturer.

The names of the parties have been changed, due to a confidentiality agreement.

RACE NOT THE SAME FROM SIDELINE; MAN BLAMES FOOD SUPPLEMENT PILL
By Rosanne Simborski , Day Staff Writer, Tuesday, April 17, 1990, New London

Only a year ago, 57-year old John Doe ran the 26-mile Boston Marathon in 3 hours and 32 minutes. But Monday, the Canterbury resident watched the race from a wheelchair.

Doe suffers from a blood disorder, pain and swelling in his arms, atrophy in his muscles and neurological problems, according to a civil lawsuit filed in New London Superior court at Norwich. The culprit, he says, is an over-the-counter amino acid he took for insomnia for 11 months last year.

Doe is among the 1,300 people nationwide estimated to have the serious blood disorder linked to the food supplement. Recent medical reports also say at least 15 deaths have been connected to the product.

Doe said his problems began about two years ago when his marriage fell apart and he couldn't sleep. Not wanting to take drugs for his insomnia, Doe said he followed the suggestion of his marriage counselor and in January 1989 started taking the over-the-counter-product. The amino acid also has been taken for premenstrual syndrome, depression, stress, and alcohol and drug abuse.

Doe said he collapsed after the last year's marathon, but still didn't think his race time was bad. He kept running up to 80 miles a week in training and swimming a lap of a one-mile-wide pond in less than an hour, but by August he couldn't run or swim anymore because he was too weak.

One doctor said he had bronchitis because he had a hard time swallowing. Doe said an ulcer or allergies were other possibilities, but tests failed to reveal the source of Doe's problems. It wasn't until last Thanksgiving that Doe said a Willimantic doctor told him he had the classic symptoms of a rare blood disease called eosinophilia-myalgia syndrome.


The Food and Drug Administration recalled the amino acid last November after health officials linked it to EMS, which is marked by a higher than normal number of a certain type of white blood cells and severe muscle pain.

"By Thanksgiving I was in such agony I couldn't take it. I was rolling around. I was crying. My right arm hurt so bad I wanted to cut it off," Doe said.

The disorder also prevents him from doing his job as Canterbury's postmaster. He said he's on sick leave that he's accumulated that should last until Christmas.

On Monday night, after his return from Boston, Doe said he was hurt that he couldn't run the race.
"Last year I ran the Boston Marathon in 3:32 and I can't walk a mile now," he said. "I wanted to get out and go and I couldn't even walk to the starting line."

Back in Canterbury, Doe said he can't mow his lawn, drive or climb stairs. "...If I fall on the floor, I can't get up", he said.

While he is trying to seek physical relief from his pain, Doe is seeking monetary relief by filing a lawsuit against the distributor of the product, XYZ Company. XYZ is named in the civil action filed on Doe's behalf by Norwich lawyer, Dennis A. Ferdon. The lawsuit seeks at least $15,000 in damages. Ferdon, of Anderson & Associates, P.C., said Doe's lawsuit may become part of a class action suit against the product's manufacturers and/or distributors.

Ferdon said he is investigating where XYZ bought the product. Bridgeport Lawyer Arnold Bai, who represents XYZ, could not be reached for comment Monday. Ferdon also said he is talking with doctors and researchers across the country to compile as much information as possible about the mysterious effects of the food supplement.

He said theories about the cause of the effects of the product are still under study. The food supplement never needed FDA approval because it was marketed as a health and nutrition product rather than a medicine.

"The jury is still out as to whether the product was contaminated or whether some people have a predisposition to the disease," Ferdon said. "We just don't know. There just seems to be an awfully strong statistical link between the people who are afflicted with the syndrome and the people who were taking that product."

Doe said he has no idea how long his symptoms may last, but he said he is optimistic about up-to-date information becoming readily available through a toll-free number being established to help people learn about the disorder.

Doe's sister, Jane Doe, remembering how her brother has run in 17 Boston marathons, said Monday, "Now he's semi-invalid, such a difference. It's hard to believe he's the same person."

Doe said his pain still is excruciating, but he's determined to stay as self-sufficient as he can. He said some people with the disorder are completely incapacitated. "I'll never be flat on my back. I'll die first," Doe said. "I'm a fighter. I'm a racer. I just don't give up."


 

Amputee is awarded $728,572.88

On August 27, 1985, the claimant, Joseph R. Gauthier, was a passenger in a 1984 Volvo truck, owned by his employer, Harvey L. Dinerman. The truck was being operated by the claimant's brother, Daniel Gauthier, on Route 295 in Massachusetts. The claimant, at the time, was attempting to instruct his brother on the operation of the truck, to enable the claimant's brother to obtain a job with the employer, Mr. Dinerman. As Daniel Gauthier attempted to negotiate a turn on an exit ramp, he lost control of the truck, causing it to tip over. The operator, Daniel Gauthier, was killed in the crash. Joseph Gauthier, the claimant, suffered severe injuries to this right leg, which required a below the knee amputation.

Joseph Gauthier had instituted a civil action against the Administrator of the Estate of his brother. Confirmation of the insurance coverage on the vehicle owned by the employer, Mr. Dinerman, was required through discovery. Dinerman disclosed that he was insured by National Grange Mutual Insurance Company with a policy limit of $350,000. National Grange denied liability coverage on behalf of the Administrator of the Estate of Daniel Gauthier. National Grange stated that the coverage denial was based upon an exclusion in the policy which provided that the policy does not cover "bodily injury to any employee of the insured arising out of and in the course of his or her employment by the insured."

A pretrial was held in June of 1988, and National Grange retained independent counsel to discuss the coverage issue. Demand was made for payment of the policy limits of $350,000. National Grange refused to make an offer, indicating that there was no coverage for conduct by Daniel Gauthier.

Counsel for Joseph Gauthier, Carl D. Anderson and Dennis A. Ferdon, rather than obtaining a judgment against the Administrator of the Estate of his brother, which would likely remain unsatisfied, decided to demand arbitration of an uninsured motorist claim against the policy issued by National Grange to Dinerman. The arbitration of the case was held on October 24, 1988. The claimant contended that he was an insured under the UM provisions of National Grange's policy, because he was an occupant of the vehicle covered by the policy. His damages were caused by the negligence of his late brother, the operator of a "uninsured motor vehicle." Uninsured motor vehicle was defined in the policy as being a vehicle for which an insuring company denies coverage. The claimant submitted copies of the responses to discovery in the civil action which indicated National Grange had denied coverage for the liability claim. Moreover, the claimant contended that he was entitled to stack the coverage on four vehicles covered by the Dinerman policy. Each vehicle had a limit of liability of $350,000, resulting in UM coverage in the total amount of $1.4 million.

National Grange took the position that the claimant's sole remedy in this case was workers' compensation. National Grange based this argument on the exclusion in the liability coverage which was cited in support of its contention that the operator was not covered for the liability claim. The claimant contended that there was no language in the UM portion of the policy which excluded coverage on behalf of the employee, Joseph Gauthier. Also, the statutes and regulations do not permit National Grange to exclude UM coverage for employees of its named insured.

National Grange further stated that even if the claimant was covered, his claim should be barred because his comparative negligence exceeded any negligence on the part of his deceased brother. It argued that the claimant was instructing his brother on the use of the truck and failed to properly supervise him, pursuant to Section 14-36(b)(1) and Section 14-214 of the Connecticut General Statutes.

The respondent claimed that Gauthier was not entitled to stack the coverage on the four vehicles covered by the Dinerman policy, because a claimant cannot stack coverage above the limit of liability on one vehicle.

The claimant presented evidence at the hearing that he incurred medical bills totaling $40,527.16 and lost wages of $12,720.00. He returned to work for Harvey Dinerman in September of 1986. He is required to wear a prosthetic device every day for the rest of his life. His future medical expenses for replacement of the prosthesis will be $27,632.

The arbitrators ruled in favor of the claimant, and awarded him $728,572.78. The case was appealed by the insurance company. The case was settled on appeal for $550,000.


 

Jury awards couple more than $300,000
November 9, 1995 - By John Turner, Norwich Bulletin

New London - A Superior Court jury awarded a Baltic man $304,000 and his wife $20,000 as compensation for injuries he sustained in a motor vehicle accident in 1990.

Christopher Lane was driving his Ford F-250 on Interstate 95 on March 9, 1990 when he was rear-ended by a Saab driven by Gary Post of Jamestown, R.I.

After feeling pain in his right leg while shoveling snow in 1993, Lane underwent surgery to remove a herniated disc in his lower back. He will need more surgery in the future.

Lane is a carpenter but said he will need a college degree to obtain a less strenuous job. The jury awarded Lane $73,000 in economic damages for medical bills and tuition expenses and $231,000 for pain and suffering. His wife, Cynthia, won $20,000 for the loss of his services.

Post, a Rhode Island chiropractor, denied liability. Dr. S. Pearce Browning, III, a Norwich orthopedist, and Dr. Philip Arnold of Newington testified Lane's ruptured herniated disc was a byproduct of the accident, said his attorney, Dennis A. Ferdon. Two doctors in Post's defense testified the herniated disc was caused by Lane's snow-shoveling, Ferdon said.


 

Tenant injured by door settles for $325,000
November 4, 1988 - The Day, New London

A Waterford woman who suffered permanent nerve damage when her apartment door fell on her head has settled her lawsuit filed against her landlord for $325,000.

Toni Godfrey, a 27-year old homemaker, was leaving her former apartment at 835 Montauk Avenue when the top hinge of the door gave out. The door fell, striking her on the back and head.

The blow caused nerve damage that has left her with a permanent bladder dysfunction, court records show. Mrs. Godfrey spent 16 days in the hospital after this June 24, 1985 incident and was later treated by specialists in New York and Boston.

In her lawsuit, filed by Norwich lawyer Dennis A. Ferdon, Mrs. Godfrey claimed her landlord was responsible because he had failed to properly maintain, inspect and repair the building.

The case went to trial last week, but after three days of testimony, landlord Ronald Talge of New London and his insurance company agreed to settle and the trial was halted.

Talge testified during the trial that there was nothing wrong with the door, and said Mrs. Godfrey never told him the hinge was loose.

But former New London building inspector Melvin Jetmore testified that Talge had been cited before the accident for housing code violations that included problems with exterior doors and hinges.