Rosenthal v. Avon – The plaintiff claimed that he sustained injuries as a result of a defective condition in a roadway, and as a result, filed suit against the Town of Avon under the highway defect statute, C.G.S. 13a-149. The plaintiff, who was actually a minor at the time, took daily walks with his dog around his neighborhood. During each walk he took the exact same path of travel. On the date of the subject incident, he once again took his dog for a walk and when he was about 2-3 houses away from his home, he was traversing in the roadway were there were some potholes and other depressions. When he was traversing this area, his attention was directed to his left, where he saw some moving vehicles in his neighbor’s yard. At that time, he fell on one of the depressions in the road and sustained injuries. The jury returned a verdict in favor of the defendant finding that the plaintiff failed to prove that the defect was the sole proximate cause of his injuries.
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