Woman Who Tripped and Fell on Forest Street Sues Town

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Here's where she fell. Credit: Michael Dinan

A Shelton woman who tripped and fell in downtown New Canaan nearly two years ago has sued the town for damages.

The plaintiff, Antoinette Simeone, at about 11:30 a.m. on Dec. 20, 2023 (a Wednesday) was crossing Forest Street at East Avenue “when she walked onto and over a depressed sidewalk area her foot was caused to catch due to the depressed sidewalk’s armorcast tile which had become worn, cracked, uneven, broken, and jagged causing her to trip and fall,” according to a complaint filed Sept. 30 in state Superior Court by attorney Angelo Maragos of Norwalk-based Goldman Gruder & Woods, LLC.

The town is required to keep its sidewalks in a “reasonably safe condition for pedestrians” yet New Canaan allowed it to become “dangerous, defective and unsafe condition for anyone” to use, Maragos said in the complaint. The town “failed to take reasonable steps” to ensure safety, the complaint said.

Represented by Westport-based law firm Berchem Moses PC, the town has not yet answered the suit. According to Connecticut Judicial Branch records, both parties agreed to schedule depositions for next fall. 

As a result of tripping and falling, Simeone “has been caused to suffer pain and physical discomfort that restricts her ability to engage in and enjoy all of life’s activities, now and in the future, and will continue to suffer said pain and physical discomfort into the future.”

Her difficulties include: pain, stiffness, soreness, swelling, numbness, tingling, and restriction of mobility, flexion, and extension of the right thumb, hand, and wrist; aggravation and/or exacerbation of preexisting carpal tunnel syndrome and right hand, thumb, and wrist pain; traumatic brain injury and chronic post-traumatic symptomology; post-concussion syndrome, including headaches, facial pain, photosensitivity, confusion, nausea, sensitivity to touch, loss of sleep, and blurred vision; facial contusion, bleeding, and resulting swelling, tenderness, and pain; eyesight and vision deficiencies, including photosensitivity, pain and tenderness to touch, swollen eyelids, hordeolum extremum of the right upper eyelid and left lower eyelid, among other problems. 

The lawsuit is seeking money damages, costs and “such other relief, whether in law or equity, as may be just and reasonable.”

7 thoughts on “Woman Who Tripped and Fell on Forest Street Sues Town

  1. Whatever happened to people looking where they’re walking? Aside from them always looking down at their phone, rather than straight ahead, why is it never the person’s fault who fell? “Ooops.. I tripped. That must be your fault… Pay me!

  2. This is exactly what’s wrong with the world. I don’t believe for a second she suffered all those injures from a simple fall. Where’s taking responsibility for watching where you walk. I hope our defense team has her examined by our own doctors. I’ve been a medical expert many times and this case is winnable and should be made an example of to discourage others from seeing a path to a quick buck.
    I’m disgusted!

  3. I’m curious whether these kawsuits come from the same lawyer. I am also curious as to how a fall caused sties in her eyelids!

  4. She lives in Shelton .What was she doing in New Canaan? Why did she hire an ambulance chaser in Westport?
    As for the massive extent of her alleged injuries. ranging from nerve damage to her teeth and traumatic brain injury to neuropathy it’s incredible this occurred to a healthy person in a minor slip & fall.
    With any luck one of us who have commented here will get the opportunity to be called for jury duty on this case.

  5. People fall. Some get up, brush it off and move on and some that don’t. Who are we to judge her injuries, or question why she was in New Canaan if she lives in Shelton? Is living in Shelton a bad thing? Are we gatekeeping the Town of New Canaan to only residents now? Maybe she was here enjoying one of the great restaurants? Whatever the reason, you still don’t know this person. Could she be elderly, fragile, sick with cancer and her weakness caused her to misjudge the damaged sidewalk? Be careful who you judge…Karma is not so nice sometimes.
    I don’t know her … and I am pretty sure none of you do either. Be kind…It’s Thanksgiving and be thankful that you are not in her shoes being negatively judged by strangers.

  6. I tripped on some uneven pavement on Forest street and broke my ribs. It was my fault for not paying attention. I did not sue the town. The suit is egregious. Anyone check on the thoe of shoes she was wewring? Traumatic brain injury vut no beoken bones? Hmmm.

  7. People do fall and break bones. My friend’s daughter fell and broke both elbows. She did not sue. My sister-in-law fell in a church basement and broke her wrist. She did not sue. Both these injuries cost them thousands in medical expenses.

    Some people sue. Good people don’t. But that’s the world we live in.

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