Nikides v. Town of Wethersfield

By: Mark J. Claflin

mclaflin@hl-law.com

860-249-1361 x 143

Nikides v. Town of Wethersfield: Plaintiff tripped and fell on a badly cracked sidewalk in the Town of Wethersfield, near a railroad crossing. Aerial photographs indicated the crack had existed for at least 2 years without having been addressed by the Town. Plaintiff went to step over the crack but lost her balance when she put her foot down on the opposite side of the crack, resulting in a rotator cuff injury necessitating surgery. The defense argued that despite the fact that the defect in the sidewalk was significant, and had existed for some time, the plaintiff could have been more careful as she stepped over it – or could have safely walked around it. The jury returned a verdict for the plaintiff, and the case settled while on appeal.