Politics & Government

City of Norwalk Prevails in Boat Ramp Slip and Fall Lawsuit

The court rules the "the highway defect statute" did not apply in the case of David Legere, who fell on a slippery plank on the Veteran's Park Marina boat ramp.

It's decided. In the matter of Legere v. City of Norwalk, the man who slipped, fell and injured himself on the boat ramp in the marina at Veterans Park has lost the lawsuit he filed in 2009 seeking compensation for his injuries.

The Plaintiff, Legere, formerly of Norwalk had been attempting to load his boat onto a trailer at the Veteran's Memorial Park Marina boat ramps at low tide when he fell. The water line was beyond the paved portion of the ramp and during the process, Legere slipped on an accumulation of algae and other substances. 

Legere sued the City of Norwalk claiming that it was responsible for his injuries. According to court documents, he made the claim under the Highway Defect Statute (CGS Sect. 13a-149) which is generally referred to as the highway defect statute.

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In the Oct. 10 ruling, the court determined that the highway defect statute did not apply. (The court's decision is attached as a pdf to this article.) According to the court documents the area where Legere fell was not maintained by DPW, who are responsible for highways within the city of Norwalk. Rather the areas falls under the jurisdiction of the Dept. of Recreation and Parks.  


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