Slip-And-Fall—

Furnace Man Seeks

Money Damages From Town

 By Andrew Gorosko

According to legal papers filed with the town clerk, the town has been named as a defendant in a lawsuit that seeks money damages as compensation to a furnace service man who allegedly was injured in a fall in Sandy Hook in 2009.

The legal papers state that plaintiff Ernest Jackson of Stratford has named the town and also named Marlene and Francois Gaberel of 14 Lone Oak Meadows Road as defendants in the case.

The legal papers have been forwarded to Town Attorney David Grogins. Mr Grogins said this week the case has been referred to the town’s insurance carrier for review.

Francois Gaberel said this week he has referred the matter to his insurance carrier. Mr Gaberel challenged the various allegations made in the lawsuit.

The lawsuit, which is dated December 27, is planned for a Bridgeport Superior Court adjudication. The court return date for the defendants is January 24.

According to the lawsuit, at about 11:30 am on December 31, 2009, Mr Jackson, who was an employee of Sippin Brothers Oil Company, Inc, of Monroe, was walking in the area of the Gaberels’ driveway and the town-owned Lone Oak Meadows Road “when he slipped and fell on the ice, snow-covered and unsanded pavement and sustained injuries.”

Those injuries allegedly were caused by the negligence and carelessness of the defendants, according to the court papers.

The lawsuit alleges that the premises were in a dangerous and unsafe condition because a sidewalk had not been cleared of ice and snow, and also had not been sanded. It adds that the defendants knew of or should have known that such hazardous conditions posed a risk of injury to pedestrians.

The lawsuit alleges that the fall taken by Mr Jackson injured him, causing a severe blow to the head, short-term memory loss, blurred vision, headaches, severe back pain, bruises, contusions, anxiety, depression, pain in the right leg, pain in the right foot, a shortening of his right leg, and a traumatic brain injury.

According to the court papers, the alleged negligence and carelessness of the defendants resulted in Mr Jackson incurring substantial costs for hospital and medical treatment, physical therapy, and medication, and he faces the possibility of more such expenses in the future.

The injuries received by Mr Jackson have caused him to lose time from work, causing him a financial loss, the lawsuit alleges.

In a statement, Mr Gaberel said that Mr Jackson never set foot on his driveway. Mr Jackson slipped and fell on the turnaround circle of Lone Oak Meadows Road, according to Mr Gaberel.

Through the court action, Mr Jackson seeks an unspecified amount of money damages exceeding $15,000.

Attorney Charles Kurmay of Stratford represents Mr Jackson.