GREENWICH — A lawsuit alleging negligence by the town of Greenwich in the drowning death of an elderly man from New Jersey whose van plunged into the water in September 2015 has been scheduled for a trial in January.
The state Superior Court has marked Jan. 7 as the likely date of a trial to determine whether the lack of physical barriers at the Cos Cob Marina should make the town of Greenwich liable for the death of Patrick Conroy, 80.
Conroy was maneuvering a van at the marina, as part of a family boating trip, when the vehicle ended up sliding down the embankment and into the water.
The six family members who were at the Cos Cob Marina at the time of the fatal accident on Sept. 14, 2015, are suing the town for negligence, stating that there should have been barriers at the town-owned marina. The lawsuit cites “negligence and carelessness” by the town, and said that a wall or fence should have been placed at the marina to prevent accidents.
The town and the attorneys have been completing the final preparations for a trial over the last few months, listing expert witnesses who will be testifying. An earlier trial date of Dec. 18 was pushed back to early January.
In court papers submitted last year, the town’s lawyers stated that the blame for the accident could be placed, in whole or in part, on the driver himself and on a family member.
The town’s defense maintains that Conroy, who was behind the wheel of a van near the water’s edge, “failed to make reasonable and proper use of his senses and faculties, failed to be watchful of his surroundings, failed to exercise reasonable care for his safety ... which was the greater cause of the injuries and damages ... than any negligence attributable to the town of Greenwich,” the court papers state.
The court filing from the town also cites the actions of his son, John Conroy during the incident. The town’s legal team said he “allowed Patrick Conroy to operate a vehicle he was unfamiliar with” and failed to stop his father from heading toward the water’s edge. John Conroy as well as his wife and four children witnessed the accident.
Among the main issues to be determined at the trial is how much emotional and psychological damage that Patrick Conroy’s family members sustained. The town’s legal team requested family members provide documented evidence of emotional distress, or specific instances of showing “diminution in your enjoyment of life.”
The town’s lawyer noted in court papers that there is “potential for significant damages” resulting from a trial, and the town was being as diligent as possible in assessing the claims of emotional distress out forward by member of the Conroy family.
When the accident occurred, the Conroy family was planning a day of boating from the town-owned marina after obtaining a day permit.
The lawsuit was filed in September 2017. The family is from northern Westchester County, N.Y. Patrick Conroy was from Wall, N.J.
Earlier efforts to reach a settlement between the town and the family in the lawsuit did not advance.
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December 04, 2019 at 04:00AM
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Trial date set for lawsuit over drowning death at Cos Cob Marina - CT Insider
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