CT MUNICIPAL LAW – Appellate Court affirms judgment for plaintiff in defective highway action

2015-10-05 | Philip R. Dunn
prdunn@jacksonokeefe.com

Category: Personal Injury & Wrongful Death

Philip R. Dunn

The plaintiff was allegedly walking in a street since there was no sidewalk.  She allegedly stepped into a pothole and tripped and fell.  Trial court found that the plaintiff was walking as carefully as she could and as close as possible to the edge of the road and was not contributorily negligent.  The Court found that the pothole was not in the middle of the road as claimed by the defendant, Town of Stratford.  To prevail on a defective highway action, a plaintiff must establish that the highway was defective, that the defendant actually knew about the defect or in the exercise of reasonable care should have known about it, that the defendant failed to remedy the defect although it had sufficient time, and that the defect constituted the sole proximate cause of the injuries.  On appeal, the Connecticut Appellate Court holds that there was ample evidence to support the trial court’s conclusion that the plaintiff was not contributorily negligent.  Artese v. Town of Stratford, AC 36965 (September 15, 2015)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 276-8100.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield and Farmington, our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case.  860.278.4040

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