“Low Tide of Litigation”

Jeffery Spahr zings another pithy summation to the latest lawsuit against the City of Norwalk, saying it’s the low tide of litigation. The Hour reports:

At approximately 10:45 on the morning of May 17, David Legere was attempting to load his boat onto a trailer at the Transient Boat Dock and Launch at the park. While walking on the boat ramp, he slipped and fell “as a result of aquatic plant life and/or detritus which had accumulated on the surface of the ramp way,” according to the lawsuit prepared by attorney Richard L. Grant of Piazza, Simmons & Grant, LLC, of Stamford.

Legere, 38, suffered a fractured right wrist which required surgery, as well as pain, suffering and emotional distress. He incurred “considerable” medical expenses and lost time from work, according to the lawsuit, which was filed in Stamford Superior Court.

Spahr points out that the boat dock is submerged under water part of the day.

source: The Hour, City sued for slippery dock at park, By Robert Koch, 11/18/2009

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  • jillcooks

    You must be kidding…imagine that slippery from plant growth!

  • Barnstorm

    I’m just as incredulous as you Jill. I didn’t think anything organic could sustain life in the harbor, much less the boat ramp.

  • OLD TIMER

    There is some level of risk walking on any inclined surface that spends a good part of the time submerged. I would expect this guy will end up learning, in court, that he assumes that risk when he walks around on such a surface and is liable for any injury from falling. Spahr makes the valid point that this is quite different from falling on a sidewalk where somebody is responsible for clearing away snow and ice. How do they think the ramp surfaces could be maintained in a not slippery condition ?

  • BLARNEY

    Some people want to be boatmen but then have trouble walking and chewing gum at the same time. This guy would last 5 seconds on a King Crab boat.

  • OLD TIMER

    Not while they were hauling pots, maybe while they were heading out. I have to wonder if he made up the story and actually broke his wrist somewhere else. He and his attorney probably expect the city to pay him to go away, rather than defend the case. He is in for a big surprize. Jeff Spahr gets very hard to deal with when you are trying to pick the City’s pockets.

  • Steward

    Don’t forget the emotional distress. Nelson must have laughed, “Ha Ha.”

    May 17… 10:45… almost low tide. Slight precipitation. 60 degree weather — spring algal bloom? Maybe you just can’t fight mother nature.

    I don’t think that he has a leg to stand on.

    • turfgrrl

      Steward: Nelson … priceless.