Town Files Intervening Complaint in Former Parking Enforcement Officer’s Lawsuit [UPDATED]


Here's where she fell, at South and Elm. Streetview

[Editor’s Note: This article has been updated with Marianne Borchardt’s dates of employment with the town.]

The town on Monday filed an intervening complaint as co-plaintiff in a lawsuit brought earlier this year by a former parking enforcement officer who tripped and fell downtown two years ago.

Marianne Borchardt was employed by the town on Jan. 3, 2019 (a Thursday) when she tripped and fell at about 9:33 a.m. while walking across South Avenue at Elm Street. According to a complaint filed on January on Borchardt’s behalf, a New Canaan-based construction company doing roadwork there is at fault because the pavement was “uneven and elevated” (more on that below).

This week, the town of New Canaan filed a motion to intervene, saying it wasn’t aware of Borchardt’s lawsuit at the time it was filed (in January). The town as co-plaintiff said in its own complaint that after Borchardt’s fall it “provided the Plaintiff with medical attention, has paid sums for medical treatment and may be obligated in the future to expend additional sums for medical treatment,” as per the state Workers’ Compensation Act.

The town “claims that any damages recovered” in Borchardt’s lawsuit “shall be so paid and apportioned that it will be reimbursed from them for the amounts it has paid or becomes obligated to pay” under the law, according to the intervening complaint, filed by attorney of Christopher D’Angelo of Rocky Hill-based Strunk Dodge Aiken Zovas. 

Borchardt was employed by the town of New Canaan from May 8, 2017 to Dec. 3, 2019, Human Resources officials said when asked by Her original lawsuit, filed Jan. 11 in state Superior by attorney Christopher H. Dietmann of The Pickel Law Firm LLC of Stamford, said New Canaan-based Peter Lanni Inc. was negligent in its roadwork, failed to notify passersby of the “dangerous, hazardous and unsafe conditions.” Borchardt suffered 15 injuries “of a serious, painful and permanent nature,” including a cervical spine strain, left ankle and foot injuries, cognitive impairment, tinnitus, concussion syndrome and bruise on her left eye, the complaint said.

Her “ability to pursue and enjoy life’s activities has been reduced,” according to the lawsuit. Borchardt is seeking money damages, costs and “such other relief as this Court deems just and proper,” the lawsuit said.

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