Date: Fri 22-May-1998

Publication: Bee

Author: ANDYG

Quick Words:

lawsuit-McCulloch

Full Text:

Town Sued Over Parking Lot Injury

BY ANDREW GOROSKO

The mother of a Newtown High School student is suing the town over her injury

in the high school parking lot in May, 1996.

According to the lawsuit filed May 15 in Danbury Superior Court by Attorney

Stephen D. Wippermann on behalf of plaintiff Rosemary McCulloch, the town

failed in its duty to keep and maintain the school parking area in a

reasonably safe condition.

"On May 17, 1996, the plaintiff, Rosemary McCulloch, was in the Newtown High

School parking lot to pick up her child. Upon exiting her vehicle [Ms

McCulloch's] foot dropped [into] an unfilled hole and crack in the parking lot

causing her to fall and causing injury to her left elbow," according to the

suit.

At the time of the injury, the plaintiff was exercising due care, it adds.

The lawsuit alleges the injuries were caused by the town's breach of its

statutory duties in one or more of the following ways:

The area where the mishap occurred was uneven, raised, of varying heights and

in a state of disrepair so that it rendered pedestrian traffic hazardous and

dangerous;

The uneven condition of the pavement had existed for an unreasonable period of

time and hadn't been repaired;

The parking area wasn't reasonably safe for its intended uses;

The town knew of the pavement problem and should have fixed it, but didn't do

so.

Ms McCulloch's fall caused her left elbow to dislocate and resulted in muscle

and nerve damage, the effects of which continue.

Ms McCulloch had to spend money for medicine, medical care and hospital care

and will be forced to spend more money for these purposes in the future;

Ms McCulloch was, and will in the future, be unable to pursue her regular

employment, resulting in economic loss.

Through the lawsuit, Ms McCulloch seeks damages, costs and further relief as

the court sees fit.

The town is scheduled to appear in Danbury Superior Court June 23 to respond

to the allegations made by Mr Wippermann on behalf of Ms McCulloch.