Catherine Fergus will have her day in court.

The state Supreme Court on Jan. 8 denied the town of New Milford's appeal to overthrow a Litchfield Superior Court judge's October decision that Fergus' suit against the town should go to jury trial.

The trial is scheduled to begin April 29 in Superior Court in Litchfield.

"Catherine Fergus gets her day in court," said Fergus' attorney, Joel Faxon. "That's all we've been looking for."

Fergus was repeatedly stabbed by her estranged husband, Neil Fergus, on Nov. 14, 2009, hours after calling the New Milford police to report threatening calls from him.

The attack happened in front of the Fergus' two oldest children.

Her claim against the town has two counts: that New Milford police were negligent in not preventing the attack, and that the children suffered emotional distress by witnessing the attack.

The attorney representing the town, James Tallberg, of Karsten & Tallberg LLC, has fought since October to persuade Superior Court Judge John W. Pickard, who is officiating in Fergus' suit, to bar her claims against the town.

Tallberg's stand is the town has governmental immunity and there is a lack of material facts to support Fegus' claim, according to court documents.

Pickard has repeatedly denied such motions, finding "a fair and reasonable jury could find the defendant was negligent in its handling of the plaintiff's (Catherine Fergus) complaint (which) subjected the plaintiff ... to a risk of imminent harm which should have been apparent to (New Milford) officer (Daniel) Wilczek."

Calls by The Spectrum to Tallberg were not returned.

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

He is incarcerated.; 860-355-7322