Estate of woman who died in Bank Street fall files notice of intent to sue
New London — The estate of a 26-year-old woman has filed notice of intent to sue the city, claiming her death after a fall from a fire escape behind a Bank Street business was due to the negligence of the city.
The body of Emily Eshenfelder of Quaker Hill was discovered on the morning of Sept. 4 on the ground to the rear of businesses located at 24-36 Bank St. Following an investigation, police said no foul play was suspected and that her death was consistent with an accidental fall from a distance.
Attorney Joseph M. Barnes, of the New London-based Reardon Law Firm, claims in a notice to the city that Eshenfelder’s death was caused by the inaction or negligence of city officials for their failure to either inspect or condemn the rear fire escape and deck where Eshenfelder apparently fell.
“Said incident occurred due to defective and dangerous conditions, the creation of a public nuisance, and/or the negligence, carelessness, recklessness of various employees of the City of New London and their failure to properly inspect, condemn repair, and/or have repaired said defective and dangerous conditions,” according to the notice.
The notice, dated Sept. 25, names Zoning Enforcement Officer Michelle Johnson, Building Official Kirk Kripas, Assistant Building Official Rick Maurice and Building Code Inspector Jamie Salmon.
The notice claims the city failed to condemn the fire escape and deck when it knew, or should have known, “that it was dangerous and hazardous to persons occupying said area.”
It also alleges city officials failed to properly inspect the area, provide warnings, erect appropriate barriers and “permitted the owners and tenants of 24-36 Bank Street to maintain the rear fire escape and deck in a state of disrepair,” placing people in danger.
The fire escape is located to the rear of the Lost Soul Tattoo shop and Roadhouse bar.
Eshenfelder was the manager of the family-owned business Captain Scott's Lobster Dock and co-owner of Captain Scott's Lobster Truck.
The notice on file at City Hall does not specify the members of Eshenfelder’s estate.
City attorney Jeffrey Londregan and Reardon Law firm attorney Barnes were not immediately available to comment.
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