A New Canaan man who tripped on a jutting brick on Elm Street two years ago and fell on the sidewalk is suing the town.
Harvey Melzer, the plaintiff, had been “lawfully walking” near 73 Elm St.—the address of Elm Restaurant—at about 11:24 a.m. on Oct. 15, 2024 (a Tuesday) “when he suddenly, and without warning, was caused to trip and fall as a result of [a] defective, unsafe, dangerous and/or hazardous protruding brick piece of the sidewalk,” according to a complaint filed April 15 by attorney Jason Gladstone of New Canaan-based Lampert, Williams & Toohey, LLC.
The fall caused headaches, dizziness, nausea, disorientation and a number of injuries to Melzer (left hand, left knee, left hip, neck, back) as well as “loss of sleep” and a “general feeling of malaise,” according to the complaint.
As a result, Melzer has “incurred expenses for ambulance transportation, emergency care, surgical care, orthopedic care, visiting care nursing, x-rays, physical therapy care, medications, medical care and attention for matters incidental thereto,” Gladstone said in the complaint.
At the time of the fall, the plaintiff had been “able to engage in common activities but, due to said injuries, he has been in the past and/or may be in the future, unable to engage in all of those activities,” the complaint said.
The town is at fault for failing in “its duty to use reasonable care in keeping and maintaining Elm Street in the Town of New Canaan in safe condition” and allowing the “protruding brick to exist and remain in the said location of the sidewalk on Elm Street for unreasonably long period of time without properly repairing, maintaining and/or fixing the defective, unsafe, dangerous and/or hazardous defect,” it said.
Melzer is seeking damages, costs and “such other and further relief as in law or equity may appertain,” Gladstone said in the complaint.
The town is being represented by Milford-based Berchem Moses PC, according to Connecticut Judicial Branch records.
State Superior Court judge Sheila Ann Ozalis on Monday ruled against a proposed schedule of filings and deadlines, saying that “[c]ounsel and parties must refile and include the following no later than 6/18/26.”
According to a New Canaan Police Department incident report that is included with the complaint, Melzer “stated he broke his fall on an outside table with his left hand, but landed on his left hip and left knee.”
“There were no visible injuries to take photos of, but Harvey stated he could not straighten his left leg and his left hip hurt, was in severe pain,” it said. He was transported to Stamford Hospital by New Canaan EMS, the report said.
The town had been notified last January about the likelihood of a lawsuit connected to the fall.
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