New Canaan Woman Slips on Ice, Falls, Fractures Ankle, Files Notice of Intent To Sue Town

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A local woman who slipped and fell on New Canaan Housing Authority property earlier this year has filed a notice that she intends to sue the town.

Roseline Duveillaume had been walking late on a Wednesday morning in January on a pathway behind a building at 33 Millport Ave. “when suddenly and without warning she was caused to slip and fall due to ice that had accumulated thereon,” according to a notice received Monday by the Town Clerk’s office.

“Duveillaume fell on the pathway that leads to the road and a parking area,” according to papers filed on behalf of the claimant by attorney Ashley Kocian of New Britain-based Kocian Law Group.

“This is a commonly used pathway by residents of the complex,” the notice said. “Residents regularly walk on this pathway to get to the road/parking area as is evidenced by the path that has formed from the foot traffic. Typically, this area is treated with sand and/or salt when the pathway is ice and/or snow covered. However, on the date of Ms. Duveillaume’s fall no actions were taken to treat the pathway to make it safe for the known foot traffic on this path.”

The town and Housing Authority are both listed as parties noticed by the filing.

Duveillaume had been living at 33 Millport at the time of the fall—at about 11:30 a.m. on Jan. 19—and continues to reside in a different building at the affordable housing complex, according to the notice.

The town failed to prepare the area for accumulated snow and ice, causing it to become “icy, slippery and dangerous,” the notice said, and “failed to have polices and procedures in place that required the inspection and remediation of dangerous conditions on the subject parking area.” The neglected ultimate resulted in Duveillaume “injuries, losses and damages,” it said. 

She “sustained injuries to her right leg, right ankle, right foot, left shoulder and right knee and was taken by ambulance to Norwalk Hospital,” the notice said.

“She was also diagnosed with a fibular fracture in her ankle. She continues to follow with an orthopedic doctor. Ms. Duveillaume also suffered from a severe shock to her nervous system, and pain and suffering. The claimant’s injuries, or the effects thereof, may be permanent or lasting in nature. The claimant was compelled to expend money for medical expenses and will be obliged in the future to continue to expend large sums of money for ambulance, hospital and medical care, x-rays, therapies, medications, apparatus, and the like, in an effort to cure herself.”

The injuries and problems “may be permanent or lasting in nature,” the notice said.

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