Fall At The Transfer Station Leads To A Lawsuit

By Andrew Gorosko

A local couple has sued the town, and others, over injuries that the wife received in a fall at the town’s waste transfer station at Ethan Allen Road in October 1999.

In the lawsuit filed in Danbury Superior Court, Charline D. Grafton and her husband Theodore Grafton of 75 Hattertown Road, sue the town; the Housatonic Resources Recovery Authority of Brookfield; Waste Management, Inc, of Moon Township, Penn; and Wheelabrator Connecticut, Inc., of Hampton, N.H.

Besides the town, the three codefendants are involved in operating the town’s waste transfer station.

Through the lawsuit, the Graftons are seeking money damages in an unspecified amount exceeding $15,000, plus costs.

According to the legal papers, at approximately 7:30 am on October 16, 1999, Charline Grafton was standing on a loading dock at the waste transfer station and “was in the process of depositing her trash into the receptacle in the back of a truck” when “the truck, suddenly and without warning, pulled away and the plaintiff… was caused to fall onto the concrete pavement… thereby sustaining the injuries and damages.”

The lawsuit states that the negligence and carelessness of the town and its agents, servants, and employees, caused the fall and the resulting injuries.

The lawsuit contends that the various defendants failed to properly inspect and maintain the exterior and public areas in and around the landfill, thus creating unreasonably dangerous conditions.

The suit further alleges that the defendants failed to provide handrails or barriers at the garbage receptacle and nearby area; failed to inspect the area for safety; and failed to warn the public of dangerous conditions.

The lawsuit also charges that the town should have taken measures to remedy hazardous conditions; should have instructed the truck’s driver to be cautious and careful; and should have provided warnings to the public.

The legal papers allege that Charline Grafton suffered rib, lung, hip, and back injuries, experienced post-traumatic stress disorder, and received numerous bruises and contusions. The injuries resulted in Charline Grafton spending and being obligated to spend much money for various medical care, the suit adds. Mrs Grafton also has missed time from her job, suffering a loss of earnings and loss of earning capacity, it adds.

In naming Theodore Grafton as a co-plaintiff in the case, the lawsuit states that as a result of Charline Grafton’s injuries, Theodore Grafton will have to care for his wife and perform services for her such as yard work, housework, and cleaning. Also, Mr Grafton has been and will be deprived of the companionship and support provided by marriage, according to the legal papers.

The town is scheduled to respond to the lawsuit in court April 10.