An East Hartford family that was spied on while showering at Hammonasset Beach State Park in July 2011 has received permission to sue the state of Connecticut for negligence.
State Claims Commissioner J. Paul Vance Jr. decided that the state might have caused damage to Kim Smith by failing to fix holes that existed for years in the shower stall.
NBC Connecticut obtained a copy of the decision, which says testimony during a hearing in February “provided that these holes had existed for some time and that the Respondent was aware of the holes, but since there was no reported incident of a ‘peeping tom,’ did not fix the holes.”
"My family and I are overjoyed that we will have our day in court. It has been a long road to this day and we are overwhelmed and thankful to the Claims Commissioner and the Commission for the speed and concern with which they treated this serious issue. This ruling is validation that mistakes were made and that the State must be held accountable," Kim Smith said in a statement e-mailed to NBC Connecticut.
Vance also ruled there's enough evidence to support a claim of "bystander distress" by Smith's husband Craig, who arrived to learn his wife and daughters, ages 6 and 3 at the time, had been watched through a peep hole by two men employed by the park.
Kim Smith said she has been working toward legislation that would increase the penalties for voyeuristic crimes.
"My focus remains changing the law in Connecticut so that future incidents like this one are deterred or avoided; my sincere hope is that no one else will endure what we have and that the Legislature will take the necessary steps to protect our communities and families," she said in a statement. "Ultimately, my family and I look forward to closing this wound which has remained open for the last four years. We are energized to move forward."
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Smith's lawyer said he'll file a lawsuit next week.
The family is looking for more than $250,000 in damages, according to the decision.
