An 81-year-old New Canaan man who says he tripped on a brick protruding from an Elm Street sidewalk last fall last week filed a notice that the town is liable for damages.
Harvey Melzer was walking up past Elm Restaurant at around 11:54 a.m. on Oct. 15 (a Tuesday) when he “tripped and fell on a protruding brick piece of the sidewalk and fell upon his left hip, knee and hand,” according to a notice letter filed on his behalf by attorney Jason Gladstone of New Canaan-based Lampert, Williams & Toohey, LLC.
He “was caused to trip and fall on a defective piece of sidewalk, which was in disrepair, unsafely protruding from the sidewalk and caused a dangerous condition,” the notice letter said. He injured his left hand, knee and hip, as well as his neck, and suffered contusions and abrasions, it said.
“Harvey Melzer intends to hold the Town of New Canaan responsible for any and all damages, as provided by law,” it said.
The letter was filed Jan. 9 with the Town Clerk’s office.
When police arrived, they found Melzer “conscious and alert sitting in a restaurant chair outside,” according to an NCPD incident report attached to the notice.
Asked what happened, Melzer “stated he broke his fall on an outside table with his left hand, but landed on his left hip and left knee,” the police report said. “There were no visible injuries to take photos of, but Harvey stated he could not straighten his left leg and his left hip was in severe pain.”
New Canaan Emergency Medical Services transported him to Stamford Hospital.
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