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Representing the Seriously Injured

Friday, March 21, 2014

A Personal Injury Case Gets Lost When Notice of an Injury Does Not Get Noticed

Connecticut Personal Injury Accident Attorney, Hartford - Waterbury
Personal Injury Law
Walker v. Housing Authority of the City of Bridgeport, AC 34096 (March 11, 2014)

            When Delores Walker got hurt on property belonging to the Housing Authority of the City of Bridgeport, she probably was thinking that she needed a lawyer and probably not thinking about how our legal system in Connecticut comes from the days of the kings in England.  Ultimately, the fact that our law goes back to the English common law cost her the chance to recover for her personal injury.

            In olde England, the King was not just the ruler, the King was the law.  If you got hurt because the royal carriage knocked you down, you could not sue the King because that would be like saying the law was wrong.  You could only sue the King if the King let you.  And today, you can only sue the government, including the Housing Authority of Bridgeport, if the government lets you.

            The government does let you sue for personal injuries caused by the carelessness of government employees, but you have to do it in exactly the way the government lets you.  If you want to sue a government housing authority in Connecticut, you have to follow General Statutes § 8-67.  This statute says that any person injured on housing authority property must send a notice of the injury within 6 months to the chairman or secretary of the housing authority.

            Through her attorney, Ms. Walker sent a notice addressed to “Bridgeport Housing Authority” with the salutation “To Whom It May Concern.”  The notice followed the requirements of the statute in that it identified Ms. Walker as the injured person, stated when and where she was injured, and stated that she intended to sue for her personal injuries.  However, because the notice was not specifically addressed to either the secretary or chairman of the housing authority, neither of them noticed it.
            Unfortunately for Ms. Walker, she and her lawyer were never able to tell a jury about her personal injury case because the lawyer for the housing authority noticed that the notice was never noticed by who the law said needed to notice it.  Her case was knocked out of court by summary judgment.  It’s good to be the king.