Brian Donnell, partner, was interviewed by the Connecticut Law Tribune in “$17 Million Danbury Verdict Survives Motion to Set Aside” regarding the jury’s verdict in favor of the plaintiffs in Girolametti, et al. v. City of Danbury, et al. Brian represented the plaintiffs, John and Cindy Girolametti, in the five-week trial.
The plaintiffs are owed nearly $17 million as damages for past losses from the City of Danbury for issuing building permits despite shoddy paperwork and without inspecting the property, known as the “Party Depot Building,” which led to dangerous structural issues. The jury found that Danbury and Edward Schullery, the city’s deputy building inspector, acted with reckless disregard for health and safety of the public during the permitting and construction phases of the Girolamettis’ construction project. As a result, the building had never been able to comply with the structural storage loading and other requirements of the building code for its intended purposes as an expanded wholesale display and storage facility.
Brian said, “We’re very grateful to both of the jury and the judge for the extensive analysis of what the facts were in the case and what the law is. We’re very appreciative of the efforts they both made bringing, what we hope, is a measure of justice for what’s been going on here for more than a decade.”
The article stated, “The Superior Court determined the Connecticut Supreme Court’s 2017 decision in Williams v. Housing Authority shut down both of the defendants arguments. The Williams decision determined a jury could find a municipality liable.”
Despite grueling litigation, there hasn’t been a settlement offer from the defendants, there are challenges to the verdict, and there is now an imminent appeal. Brian said, “We think [an appeal] would be a wasteful exercise. We hope they don’t do it, but there’s a lot of downside risk for them taking an appeal.”
Brian said the defendants sought to have the Williams decision overturned. “It’s certainly rare in the Connecticut Superior Court system to have a case like this fully litigate through a jury trial. Most of these get mediated or arbitrated these days, but I would say that there is very good reason when you’re faced with these kinds of circumstances to consider doing a jury trial in the Superior court. This is a complex litigation topic . . . and it’s a very good means and method and venue for trying cases like this.”
Connecticut Law Tribune subscribers can read the full article here.
This news was also covered in the News-Times article “Judge Upholds $16.8M Verdict Against Danbury in Party Depot Case, Orders City to Pay Interest.” Subscribers can read the full article here.