Woman Trips and Falls on Forest Street, Files Notice of Intent To Sue Town


Here's where it happened. The Armorcast tile can be seen in the sidewalk.

Municipal officials last week received notice that a Shelton woman who was hurt after she tripped and fell on Forest Street in December intends to sue the town.

Antoinette Simeone at about 11:30 a.m. on Dec. 20 (a Wednesday) crossed Forest Street at East Avenue and “walked onto and over the depressed sidewalk curb, along with Armorcast surface tile with pins” when her foot became caught in the tile “which had become worn, cracked, uneven, broken, jagged, lacked repair and was not flush with adjoining sidewalk surface, causing her to trip and fall,” according to a Notice of Intent to sue filed on her behalf by attorney Angelo Maragos of Norwalk-based Goldman Gruder & Woods LLC.

“The Armorcast tile was located/installed/placed on the depressed sidewalk curb/sidewalk access curb located by the fire hydrant in front of the Mattress Firm store, located on Forest Street, in the area nearest the corner of Forest Street and East Avenue,” said the Notice, received March 15 in the Town Clerk’s office.

“The Town of New Canaan had created, managed, owned, constructed, installed, maintained, repaired and/or controlled the depressed sidewalk curb/sidewalk access curb, with Armorcast tile,” it said. “The Town of New Canaan improperly installed/maintained/supervised/inspected/repaired or was otherwise negligent in installing/maintaining/supervising/inspecting/repairing said depressed sidewalk curb and Armorcast tile, allowing it to create an unsafe condition and trip hazard.”

She hurt her head, brain, face, eyes, forehead, lips, teeth, back, neck and shoulders, according to the Notice. 

“In addition, Ms. Simeone suffers continued symptoms of traumatic brain injury, such as headaches, as well as nerve damage throughout her head and spine, as well as torn tissues and stretched and torn ligaments and tendons relative to the areas of her orthopedic injuries,” it said. “The nerves within Ms. Simeone’s teeth have also been damaged, which will likely result in tooth death. Ms. Simeone has scarring on her face, abrasions, contusions, and associated scarring of her hands based upon the trauma sustained to her hands, wrists, and forearms.”

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