A 25-year-old Stamford woman who suffered an injury to her right ankle that required surgery after trying on a faulty shoe has settled her lawsuit for $120,000.
Rosanna Tobin was injured after she tried on shoes she purchased in 2013 from shoedazzle.com due to a heel malfunction, according to her attorney, Jonathan Perkins. Tobin filed a lawsuit in Bridgeport Superior Court in November 2016.
The lawsuit states Tobin was injured when the left shoe’s heel twisted under her, causing her to lose balance. “In essence, she fell off her shoe and broke her ankle,” said Perkins, principal of Jonathan Perkins Injury Lawyers in Waterbury.
Both sides agreed to settle the case for $120,000 on Feb. 8. If the case had gone to trial, Perkins said he was ready to put Bruce Snigger, an expert in textile technology, on the stand.
“Mr. Snigger said in his report that the clear plastic heel on the left shoe had twisted in a clockwise direction when viewed from the bottom of the shoe.” Perkins said Friday. “In addition, the heel of the shoe should have been manufactured so it was attached to the shoe with additional pins. There was only one pin there and that was not sufficient enough to keep the heel in place. When she put her weight on the shoe and turned the heel, it did not stay attached to the shoe and caused her to fall to the right.” Jury selection was slated for Feb. 27.
The parties, which included shoedazzle.com and East Lion Corp., which manufactured and distributed the shoe, had been negotiating on and off since 2014, Perkins said.
“Their first offer was $18,000 in 2015,” said Perkins, who did not specify his initial request. ”I will tell you it was more than $120,000.”
Perkins said Tobin, who worked as a nanny, missed about three weeks of work due to the accident, incurring about $97,000 in medical expenses. Surgery to her right ankle took place in December 2013, soon after she was injured.
Perkins said Tobin is satisfied with the settlement and that the case will not go to trial.
“I’m always happy when the client is happy,” Perkins said. “This was an unusual case. You should be able to rely on a new pair of shoes when you buy them.”
Half of the settlement money will be paid by shoedazzle.com and the other half by East Lion, according to Perkins.
Shoedazzle.com is represented by Alan Chandler, of David J. Mathis Law Office in Hartford. Chandler did not respond to a request for comment Friday.
East Lion is represented by Brendan Cahill of the Law Offices of Cynthia Garraty in Hartford. Cahill also did not respond to a request for comment.
Jeff Lynch assisted Perkins on the case.