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PERSONAL INJURY: Superior Court dismisses defective highway claim based upon inadequate notice

PERSONAL INJURY: Superior Court Dismisses Defective Highway Claim Based Upon Inadequate Notice

The Superior Court dismisses a pedestrian’s claim against the State based upon an inadequate written notice of the incident.  The plaintiff alleged that he was injured in a pedestrian crosswalk at the intersection of East Main Street near Interstate 95 in Bridgeport.  The mandatory written notice required within ninety (90) days of the incident alleged that the State negligently failed to place a pedestrian crosswalk button at the intersection and failed to provide a safe pedestrian crosswalk for pedestrians.

The Superior Court finds that the plaintiff’s notice did not adequately describe the cause of injury.  It was not clear whether he fell in a pothole or collided with a motor vehicle or bicycle.  It was not clear whether there was a crosswalk button which failed to work properly, or whether the crosswalk button was entirely absent.  While the plaintiff’s subsequent lawsuit provided more detailed information, the Complaint was not provided within the mandatory 90-day time period following the incident.

Boykin v. State, CV15-6053419 (May 6, 2016)

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