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Negligence suit costs New Milford $300K

NEW MILFORD — The town of New Milford has reached a $300,000 settlement with Catherine Fergus in the negligence suit stemming from her November 2009 stabbing by her estranged husband.

Fergus filed a civil suit against the town in 2010, claiming Police Officer Daniel Wilczek mishandled the harassment complaint she filed against her estranged husband, Neil.

After she filed her complaint, Wilczek called Neil Fergus rather than arresting him, the suit said. Hours later, he attacked her in front of the couple’s two small children.

Neil Fergus was sentenced in October 2012 to a 30-year prison term, to be suspended after 13 years followed by probation.

In October 2014, state Superior Court Judge John A. Danaher III ruled the town should be immune from liability, overturning an earlier ruling by Judge John W. Pickard that the case should go to jury trial.

Fergus’s attorney, Joel Faxon, filed an appeal with the state Appellate Court in January. In a mediation session required before the Appellate Court case began, the settlement agreement was reached between Catherine Fergus and the town’s insurance company, Connecticut Interlocal Risk Management Agency.

On Monday night, the Town Council agreed to the settlement. Mayor Pat Murphy declined to comment afterward.

Faxon said the $300,000 payment shows CIRMA did not consider the agreement a “nuisance settlement.”

“For them to settle for this amount shows they didn’t believe they had a strong case,” Faxon said. “They wanted to put this litigation behind them.”

“Nothing can change the past,” Faxon added. “What happened, happened. But now Catherine Fergus and her family can put this suit behind them.”