A Stamford man who fractured his hip after tripping and falling on a Main Street sidewalk five months ago is suing the town and state, records show.
Here’s 140 Main St. where he fell.
According to an Aug. 5 complaint filed by attorney Daniel Alginani of the Cheshire-based Alginani Law Firm, the fall that occurred at about 11:36 a.m. on March 27 (a Thursday) was caused by “the raised and uneven condition of the sidewalk” in the area of 140 Main St.
The plaintiff, Arthur Lupinacci, “sustained injuries including, but not limited to, a right hip fracture requiring surgery, right hip pain, and pain and suffering, both mental and physical, some or all of which may be permanent in nature,” Alginani wrote in a Notice of Intent To Sue.
The town failed to maintain and inspect the sidewalk, and officials “knew or should have known of the raised and uneven condition of the sidewalk, yet took no steps to fix the condition,” the complaint said.
As a result, the plaintiff has incurred medical expenses and “was unable and remains unable to participate in and enjoy his usual activities.”
Main Street doubles as state Route 124, and Lupinacci is also suing the state, for the same reasons.
He’s seeking more than $15,000 in damages. The town has until Sept. 9 to answer the complaint, it said.
In fairness to the Town, it is possible that the hip broke prior to the fall.
The brick sidewalks LOOK pretty, but I see people trip all the time – and I do so myself. They are a hazard yet we keep putting in more and more of them. Doesn’t make any sense to me.
I completely agree, Fanny, it is a pretty affectation but not practical.
I have had the same experiences with the bricks coming up and tripping, but since I am aware, I am extra cautious.
And I, too, tripped and fell on brick sidewalk outside Playhouse. I smashed my head, and it was very bloody. I was checked for concussion- there was none. I notified the town, who were very responsive and paid my doctor bills- without my asking or threatening suit. They need to trade chic for practical and eliminate the hazard. The next victims may not be so non- combative!
Beth Golden
I work at the Playhouse, I remember this happening – I’m so glad you’re doing better! I always wondered what happened in the aftermath since I never caught your name.
I completely agree with everything you and others have said. The town actually did remove the brick crosswalk in front of the Playhouse, and replaced it with a more standard painted one. I’m not sure if that was in response to your injury, but you would think that having to cover random citizens’ medical bills might be a wake-up call that other brick walkways might be an issue as well.
It doesn’t matter. There’s always someone tripping intentionally in every town and trying to make a claim. As long as there are unscrupulous lawyers, there will be unscrupulous victims. In the past, there have been ‘victims’ of lack of ADA compliance. Today, it might be the bricks. Tomorrow it will be tree roots. That’s how some people make a living.