An out-of-state woman who tripped and fell on a sidewalk in New Canaan last year is suing the town.
According to a complaint received May 19 by the Town Clerk’s office, Holly Jackson of Fort Lauderdale, Fla. injured her left hip after falling at about 7 p.m. on Jan. 3, 2020 (a Friday).
She “was walking from Cherry Street East across East Avenue to reach the parking lot for the strip mall that contains several businesses at roughly 44-45 East Avenue, New Canaan,” according to the complaint, filed in state Superior Court by attorney Stuart Casper of Stamford-based Casper & de Toledo LLC.
“As Plaintiff attempted to step from East Avenue on the sidewalk she tripped on a piece of concrete embedded in the sidewalk that was elevated above the main surface of the sidewalk and East Avenue,” the complaint said. “As a result of the foregoing incident, the Plaintiff underwent open reduction and internal fixation of her left hip.”
She has incurred medical expenses and “suffered a loss of earnings and loss of earning capacity, all to her financial loss” as well as “a loss of enjoyment of life’s leisure activities.”
She “has and will suffer from a fear of future disability to her left hip,” the lawsuit said.
It was “caused by the Town of New Canaan’s reach of its statutory duty to keep and maintain the sidewalk in a reasonably safe condition,” as per state law. Specifically, there was “an anomalous protrusion” above the sidewalk whose color “blended with the surrounding surface collar and was not identifiable after dark,” the lawsuit said.
The town has not yet filed an answer to the complaint.
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