WTNH– Below is the intent to sue the town of Hebron court document filed by the estate of the Rham Middle School teacher who was killed by a car in March.
NOTICE OF INTENTION TO COMMENCE A CIVIL ACTION AGAINST
MUNICIPALITY AND ITS EMPLOYEES, AGENTS AND SERVANTS
NOTICE TO: Carla Pomprowicz, Town Clerk Town of Hebron 15 Gilead Street Hebron, CT 06248
Pursuant to Sections 52-557n, 7-465, 7-101a, and 13a-149 of the Connecticut General Statutes, and all other relevant statutory and common law, notice is hereby given of injuries sustained by means of defective and dangerous conditions, the creation of a nuisance, and/or the negligence, carelessness, recklessness of various employees of the Town of Hebron, including, but not limited to, Kevin Kelly, director of public works, Andrew Tierney, town manager, and other yet unknown Town of Hebron personnel, agents, apparent agents, servants, and employees to be named later, the particulars of which are as follows:
DATE OF INCIDENT:
March 14, 2014
TIME OF INCIDENT:
Approximately 7:00 a.m.
PLACE OF INCIDENT:
RHAM middle school access road, 25 RHAM Road, Hebron, CT
CAUSE OF INJURY:
On March 14,2014, Dawn Mallory, was walking across an access road at the RHAM middle school, in Hebron, Connecticut, when she was struck by a motor vehicle. Said collision occurred due to the dangerous, defective and inadequate planning, layout, design, routing of traffic, construction, placement, and maintenance of the subject access road and traffic signs maintained and/or installed by the Town of Hebron.
As a result of the failure of the Town of Hebron and/or its employees, agents, apparent agents, and servants to provide a safe and properly maintained and signed access road Dawn Mallory suffered extreme emotional distress, mental and physical
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pain, physical injuries including multiple fractures to her skull, and her untimely death
and continues to suffer traumatic mental and physical injuries as well as extreme emotional distress and horrible, excruciating mental and physical pain.
Said injuries and damages to Dawn Mallory and her estate were caused by a dangerous or defective roadway, the creation of a nuisance, and/or neglect, carelessness, recklessness or default of Kevin Kelly, Andrew Tierney, the Town of Hebron, and its errlployees, agents, apparent agents, and servants, in one or more of the following respects, in that they:
a. failed to implement and/or have implemented a traffic study at RHAM middle school, RHAM high school, and the adjoining roads to properly determine traffic flow, traffic volumes, traffic signal plans, and parent and bus routing procedures at said schools;
b. failed to properly install traffic signs and/or warning devices at said schools so that parents, students, teachers, and other motorists were adequately notified of the parent and bus routing procedures at said schools;
c.failed to implement adequate traffic signs and/or warning devices at said schools so that parents, students, teachers, and other motorists were adequately notified of the parent and bus routing procedures at said schools;
d. failed to install speed bumps and/or other speed control devices at said schools;
e.failed to utilize a crossing guard, security guard and/or other traffic monitors to ensure that parents and other motorists dropping off children were aware of and followed the drop off and pick up routing procedures at said schools;
f. failed to provide police protection for pedestrians, teachers, and students during drop off and pickup when pedestrians and motor vehicles were likely to converge in the same areas at said schools;
g. failed to implement, adequate, and proper drop off and pick up plans to coordinate the movement of buses, motor vehicles, and pedestrians during high periods of traffic;
h.failed to properly and timely inspect the traffic signs and/or warning devices at said schools;
i. knew the roadways and parking areas at said schools were heavily traveled by motorists and pedestrians yet failed to ensure the traffic controls, preemption equipment, and traffic signs and devices were adequate and in proper working order and in good repair; and
j.failed to warn pedestrians, students, teachers, and parents dropping off their children of the traffic flow, traffic volumes, traffic signal plans, and parent and bus routing procedures at said schools.
DESCRIPTION OF INJURIES:
Dawn Mallory sustained severe injuries to her body including but not limited to multiple skull fractures and subdural hematomas ultimately causing her untimely and wrongful death. Ms. Mallory’s injuries required emergency medical care and treatment and her death destroyed her ability to carry out life’s activities, including the ability to earn income and enjoy her fanli1y and friends, resulting in substantial loss and damage to her estate
Ms. Mallory will seek damages from the Town of Hebron and its employees, agents, apparent agents and/or servants as provided by law.
If there is any information desired by the Town of Hebron in reference to this claim, please contact the undersigned.
Dated: June 10, 2014