A lawyer who this month filed a notice of intent to sue the town after his client tripped and fell on Forest Street now is asking municipal officials to preserve the area where she went down.
This is what Armorcast tiles look like when they’re new.
Antoinette Simeone of Shelton on Dec. 20 tripped on what her lawyer described as a worn and cracked “Armorcast” surface tile with pins (see photo at right) at the northeast corner of East Avenue and Forest Street.
On March 15, the Town Clerk’s office received a formal notice of intent to sue. On March 22, the same office received a request from her lawyer—Angelo Maragos of Norwalk-based Goldman Gruder & Woods, LLC—to “preserve the Armorcast surface tiles with pins, to the extent removed from the depressed sidewalk curb/sidewalk access curve located by the fire hydrant in front of the mattress [store].”
The town also is asked to preserve “all originals and existing copies of any and all documents, physical files, computer files, electronically stored data or information, videotapes, audiotapes, notes, memoranda, reports, electronic mail messages, document retention policies, investigation information, statements and/or materials products relevant or related in any way” to the prospective lawsuit, Maragos wrote.
“This information may be relevant to a potential claim arising out of and related to the acts and/or omissions giving rise to the above-referenced incident,” Maragos wrote, citing two cases, from 1996 and 2001. “Should any of the above-referenced information be destroyed, altered or changed in any way my office shall consider it to be a spoliation of evidence which, in turn, may subject the Town to civil actions and/or sanctions.”
He added, “Alternatively, should you be unable or unwilling to preserve the information identified herein, please contact me prior to their destruction so that arrangements for their preservation may be made.”
Simeone suffered orthopedic injuries and damage to the nerves of her teeth, among other things, he said in the earlier Notice of Intent to sue.
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