Fukelman v. City of Middletown

The plaintiff instituted this action against the defendant city pursuant to General Statutes § 13a-149 for injuries sustained as a result of a fall upon a defective sidewalk. The trial court rendered judgment awarding the plaintiff damages plus costs. The defendant appealed, claiming that the trial court erred: (1) in concluding that the defendant had con*31structive notice of the defect; (2) in concluding that the defect was the sole proximate cause of the injuries; (3) in accepting the testimony of the plaintiff’s doctor; and (4) in awarding costs.

The first, second and third claims of error…