PPA v. City of New Haven et al. (2010)

MEMORANDUM OF DECISION

The plaintiff, Carl Telford, was a student at New Haven's Lincoln Bassett School on May 23, 2007 when he suffered a fall on a school stairway.   According to the plaintiff, he was descending a flight of stairs when the grip pad covering a step slipped from underneath causing him to fall and sustain serious injuries.

The defendant has defended on several grounds, the primary one being a lack of actual or constructive notice.   Though the plaintiff has alleged negligence, no such element was produced.   Nor was an allegation developed as to a duty to inspect and/or correct, nor was evidence offered that the pad was improperly installed or was unsuitable for the purpose.   A school employee testified as to his observations of the area in question.   No defects, damage, or neglected areas were described.

While the court is sympathetic to the plaintiff who appears truthful and to have been seriously injured, in the absence of any notice to the defendant of the specific defect, the issue of liability must be resolved in favor of the defendant.

Judgment may enter for the defendant.

Anthony V. DeMayo

Judge Trial Referee

DeMayo, Anthony V., J.T.R.