Posts tagged with "car accident death"

$1,250,000 Settlement – Distracted Driver Fatally Injures Pedestrian

In a recent wrongful death lawsuit, the estate of a 21 year-old deceased man sued the distracted driver that had caused the man’s death.  Through negotiations with the defendant’s auto insurer, the carrier agreed to $1,250,000 to resolve the case before trial.

The young man had been walking in the marked shoulder of a roadway at night and was killed when hit from behind by an SUV driven by a distracted driver who was glancing at his mobile device. The defendant pled guilty to two motor vehicle violations, including failure to stay in his lane.

The defendant’s insurance company made several attempts to mitigate the defendant’s responsibility for the accident as well as exclude coverage, all of which failed. The insurance company argued that the value of the plaintiff and victim’s life was worth less than the full $1,250,000 coverage on the policy.

Because the damages for a wrongful death of a 21-year-old, where liability is conclusively established, well exceeds the full $1,250,000 policy limits, the carrier agreed to pay the $1,250,000 to resolve the case.

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a wrongful death claim or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

 

$495,000 Car Accident Settlement for Woman’s Personal Injuries in Drunken Driving Accident

A Milford, Connecticut woman who suffered severe neck, back and shoulder injuries during a 2005 car accident with a drunken driver settled her personal injury lawsuit for $495,000.

A Saturday online story of The Connecticut Post detailed how 20-year-old Elisha Vernucci came to her near half-a-million car accident settlement on Friday with 23-year-old Megan Davis, who had already been convicted for DUI and driving the wrong way, sentenced to two days in jail and fined $1,000 for her role in the incident.

Vernucci suffered her severe injuries from a car accident that occurred while driving on I-95 in Westport shortly after midnight on June 15, 2005. While proceeding north in the left lane, Vernucci told police that she saw a vehicle heading toward her. While she tried to avoid the car, Vernucci was hemmed in by other traffic and struck by the vehicle driven by Davis. Specifically, The Connecticut Post story described how Vernucci’s car was stricken on the passenger side and spun around before it came to rest backwards partially in the highway median.

Following the accident, Vernucci was rushed to Newark Hospital for her Connecticut car accident injuries. She later had back surgery for the various personal injuries that she suffered. At the time, Davis said that she did not know she was driving the wrong way and wasn’t sure how she got to be that way. While she did not suffer any injuries in the incident, Davis was later convicted for a DUI.

By: Mary Ann Pekara, totalinjury.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com 

 
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$3.77 Million Settlement Awarded to Widow Who Lost Husband in Car Accident

A Wilton, Connecticut jury awarded $3.77 million to Janet Fleming, whose husband died in a 2009 auto accident. The driver of the other car, Gregory Dionisio, was intoxicated at the time. This jury settlement closes the wrongful death lawsuit stemming from the 2009 car crash.

The accident occurred early in the morning of July 5, 2009. Dionisio was traveling north on Ridgefield Road in Wilton when he veered into the southbound lane. His car crashed into Fleming’s husband’s motorcycle. Both drivers were taken to the hospital, and Fleming’s husband died of injuries sustained in the crash.

Dionisio turned himself in to the police the following month on charges of second-degree manslaughter and driving while intoxicated. He was found to have been driving with a BAC of .09 percent, which is .01 percent over the legal limit. Additionally, Dionisio’s body tested positive for marijuana, cocaine, ecstasy and painkillers, according to Wilton police.

While at the hospital, Dionisio attempted to drink the urine from his bed pan because he was worried that authorities would test his urine. A nurse witnessed this and sent the urine sample to the hospital’s lab, which proved to be the evidence needed to convict him for the DUI charge.

The settlement consists of the $3.77 million to be paid by Dionisio. In a statement to the court, Mrs. Fleming said that her husband was “needlessly killed” by a driver who was intoxicated on various mind-altering substances and that she misses him terribly.

For his part, Dionisio made a statement that he is deeply sorry for the “thoughtless and stupid mistake” he made. He expressed his sadness for the victim’s family and friends, saying that while he doesn’t expect forgiveness, he hopes that they will one day be able to do so.

Dionisio is currently serving five years in prison on DUI and manslaughter charges related to the incident

By: Martin, settlementboard.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.  If you have any questions relating to a personal injury claim or wrongful death claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com 

 

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$3.77 Million Settlement Awarded to Widow Who Lost Husband in Car Accident

A Wilton, Connecticut jury awarded $3.77 million to Janet Fleming, whose husband died in a 2009 auto accident. The driver of the other car, Gregory Dionisio, was intoxicated at the time. This jury settlement closes the wrongful death lawsuit stemming from the 2009 car crash.

The accident occurred early in the morning of July 5, 2009. Dionisio was traveling north on Ridgefield Road in Wilton when he veered into the southbound lane. His car crashed into Fleming’s husband’s motorcycle. Both drivers were taken to the hospital, and Fleming’s husband died of injuries sustained in the crash.

Dionisio turned himself in to the police the following month on charges of second-degree manslaughter and driving while intoxicated. He was found to have been driving with a BAC of .09 percent, which is .01 percent over the legal limit. Additionally, Dionisio’s body tested positive for marijuana, cocaine, ecstasy and painkillers, according to Wilton police.

While at the hospital, Dionisio attempted to drink the urine from his bed pan because he was worried that authorities would test his urine. A nurse witnessed this and sent the urine sample to the hospital’s lab, which proved to be the evidence needed to convict him for the DUI charge.

The settlement consists of the $3.77 million to be paid by Dionisio. In a statement to the court, Mrs. Fleming said that her husband was “needlessly killed” by a driver who was intoxicated on various mind-altering substances and that she misses him terribly.

For his part, Dionisio made a statement that he is deeply sorry for the “thoughtless and stupid mistake” he made. He expressed his sadness for the victim’s family and friends, saying that while he doesn’t expect forgiveness, he hopes that they will one day be able to do so.

Dionisio is currently serving five years in prison on DUI and manslaughter charges related to the incident

By: Martin, settlementboard.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.  If you have any questions relating to a personal injury claim or wrongful death claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com 

 

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$70,000 Settlement from Accident Where Motorist Changing Lanes

A Connecticut motorist secured a $70.000 settlement from a recent auto accident where she was broad-sided by an elderly driver changing lanes.

The automobile collision occurred on an Interstate I-84 off ramp in Waterbury, Connecticut.  The defendant, an elderly gentlemen from Watertown, CT., attempted to cross over multiple traffic lanes striking the plaintiff who was in her proper lane coming off of the I 84 exit.

As a result of the accident, the plaintiff, who was a Southbury woman, aggravated an active preexisting Reflex Sympathetic Dystrophy or “RSD” in her lower extremity. The plaintiff driver also suffered soft tissue injuries to her cervical spine.

The treating physician was a pain management specialist who opined that the patient’s treatment plan predating the accident would not have changed but that the motor vehicle accident aggravated the underlying condition.

The defense hired a neurosurgeon to perform a Defense Medical Exam who opined that the plaintiff’s complaints were subjective rather than objective. The defense expert, however, did not offer a medical opinion on the permanent injury assigned to the plaintiff, by her doctor, to her right lower extremity and cervical spine. The parties settled on $70,000 to cover the cost of her injuries and treatments.

 

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to an automobile accident or a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com 

 

 

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Cheshire Woman Receives $431,500 Settlement for Injuries from Car Crash

A Cheshire woman and her son received settlements totaling $431,500 for injuries they received in an automobile accident.

The accident occurred March 9, 1994, when the plaintiff was driving west on Route 68 in Wallingford about 8 a.m.  According to the police, Michael Calderoni, 27, of Southington was traveling east on Route 68 when his car crossed the center line into the path of the plaintiff’s vehicle near Ryan Drive. The plaintiff’s Blazer collided with Calderoni’s car, causing her and her son to hit the windshield, the police reported.

The crash was very severe, leaving the plaintiff with significant facial injuries emotional distress.  As a result of the injuries sustained from the car crash she was forced to close the dried flower shop business she ran at Bishop’s Farm.  According to her husband, “She’s doing better and is back on her feet, but she really lost everything because of this accident.” Calderoni, who was at fault for the automobile accident, was killed in the crash.

The plaintiff received a settlement of $50,000 for her injuries and $21,500 for her son’s injuries from Calderoni’s insurance company. She filed a claim with her own insurer seeking settlement under the policy’s underinsured motorist policy. The claim against her insurer, Hartford Fire Insurance Company was scheduled for a trial, but the carrier latter settled before jury selection.

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or an automobile accident or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

 

 

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Staircase Fall at Waterbury Building Yields $75,000 Settlement

In a recent personal injury lawsuit, the plaintiff received a $75,000 settlement from a Waterbury apartment building owner after he was injured in fall down a poorly maintained stairwell.

Commonly referred to as “slip and fall” injuries, such personal injuries give rise to premise liability actions against the land or building owners who are in control of the unsafe conditions of premises.

The plaintiff, who was Florida resident, recovered damages by way of settlement for personal injury to his low back caused by a fall at a Waterbury, Connecticut apartment building

The plaintiff fell on exterior common access stairs outside of a Waterbury three family apartment building.  The apartment building itself was very old.  The stairway, which was in poorly maintained condition, gave way from the plaintiff’s weight, causing him to fall.  In particular the steps were too short and the lighting conditions were poor.

As a result of the fall the plaintiff’s suffered injuries to his lower back, aggravating a prior lower back injury caused by a bicycle/automobile collision.  Notably, the landlord had failed to repair the steps before the fall after receiving a complaint by another tenant about the defective condition of the steps.

 

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

 

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Patron Recovers $16,000 for Injuries from New Haven Night Club Staff

Chomiak v. Hopkins Rest. Corp., NNHCV116016899S, 2013 WL 1943850 (Conn. Super. Ct. Apr. 23, 2013)

In a recent Connecticut Superior Court case plaintiff, Stanislaw Chomiak, was able to recover monetary damages from Hopkins Restaurant Corporation which operated Alchemy Night Club, a night club on Crown Street in New Haven, for personal injuries he received when he was assaulted by employees of the night club.[1]

The plaintiff alleged in his complaint that his injuries were caused by the negligence of the defendant to properly hire, train and/or supervise its employees, to allow the employees to assault the customers, failing to provide adequate security and to maintain the premises in a safe condition for the customers.

The Court found that on New Year’s Eve 2008, plaintiff Chomiak and his friends went to the Alchemy Night Club in New Haven. They each paid $25.00 to receive a VIP wristband entitling them to open bar, food, and to stay at the upstairs portion of the night club until 5:00 a.m.  Shortly before 2:00 a.m. the plaintiff was stopped by security personnel as he went upstairs and told to leave.  The security personnel took his VIP bracelet and he was escorted out the side door.[2]

Chomiak remained outside in the cold for about one-half hour. He then walked around the corner of the building to the front door and asked the woman at the front desk if he could inform his friends where he was.  She notified security. One of the guards arrived and threw the plaintiff against the wall and lifted Chomiack off the ground and tossed him onto the sidewalk.[3]

In the fall the he struck his head, elbow and fingers and was bleeding badly.  After calling 911, a police officer arrived who called an ambulance to take him to Yale New Haven Hospital where he was treated for about 4 hours in the emergency room and discharged.

Chomiak received cuts to his face requiring stitches and was treated by a chiropractor for low back pain.  In total Chomiak incurred total medical expenses of $5,323.66.[4] In the subsequent trial the jury determined from the medical testimony admitted at the trial that the plaintiff had received 5% permanent damage to his lumbar spine as a result of the assault by the night club staff.

The Court entered a judgment of $16,000 against the defendant, determining that Chomiak’s injuries where the result of the assault of the night club staff.  The Court found the security guard was an employee of the defendant who had ejected Chomiak in the course of his employment and the night club had failed to keep the premises safe to prevent its customers from being assaulted.

 

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to an assault or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com 

 

 

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[1] Chomiak v. Hopkins Rest. Corp., NNHCV116016899S, 2013 WL 1943850 (Conn. Super. Ct. Apr. 23, 2013)

[2] Id.

[3] Id.

[4] Id. 

Conn. Appellate Court affirms $256,000 automobile injury award

Cima v. Sciaretta, UWYCV0096001772, 2011 WL 4509917 (Conn. Super. Ct. Sept. 14, 2011) aff’d, 140 Conn. App. 167, 58 A.3d 345 (2013)

In a recent Connecticut Appellate Court decision, the Court affirmed a $256,058 damaged award to young woman who had been injured in an automobile accident.[1]

The personal injury suit was filed in 2009 by Laura Cima against defendants Eric Sciaretta and Nicholas Sciaretta arising out of a 2007 automobile accident in which she was a passenger.  On July 16, 2007 Cima’s vehicle was struck by a vehicle owned by Nicholas Sciaretta, typically operated by his son Eric Sciaretta. At the time of the accident, however, the vehicle was being driven by a friend of Eric Sciaretta’s, Stephen Sorbo.[2]

At the time of the accident the plaintiff was a college student actively involved in cheerleading and other activities. After the accident, her activities were changed substantially and she underwent years of treatment for the injuries sustained in the accident.

On July 21, 2011, the jury entered a verdict in favor of the plaintiff, finding that Stephen Sorbo had failed to stop at a stop sign and broad-[3]sided the vehicle Cima was riding in. At trial defendant Eric Sciaretta described the impact as significant and on a scale of “one-ten,” described it as a “nine.” The air bags deployed in Cima’s vehicle and her head, arm, knee, and lower back were injured as a result of the impact. At trial, the defendants did not dispute that Sorbo failed to stop at the stop sign or that Cima was injured as a result of the impact. Instead, the defendants disputed the extent to which Cima was injured and whether both Sciarettas were legally responsible in any way for the accident.

In Cook v. Nye,the Appellate Court found that “[a] parent’s retention of title to a car has frequently been sufficient justification for application of the family car doctrine when the doctrine is otherwise applicable, even if the vehicle has been completely paid for by the child in question and the child has beneficial ownership.”[4] This rule holds true as long as it has been “shown that the driver has received general authority from the owner to use the car for a family purpose, that is, for the pleasure or convenience of the family or a member of it.”[5]

In reaching its verdict the jury answered 17 jury interrogatories, including the first two interrogatories which dealt explicitly with the issue of whether Nicholas Sciaretta gave general authority, without restrictions, to Eric Sciaretta to use the family vehicle for his pleasure and convenience and whether Eric Sciaretta gave permission to operate the family car to Stephen Sorbo, both of which the jury answered affirmatively.[6]

Since the jury found Eric Sciaretta had been given general authority, without restrictions, to drive the family vehicle owned by his father Nicholas Sciaretta and Eric Sciaretta had entrusted the driving of the family car to Stephen Sorbo, Stephen Sorbo’s negligence was imputed to the owner of the vehicle, Nicholas Sciaretta.

The jury found that the accident of July 16, 2007 had proximately caused the injuries claimed by the Laura Cima. Consequently, the jury entered a verdict in favor of the plaintiff in the amount of $256,058.56, which verdict included $245,000 in non-economic damages.

 

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a car accident or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

 

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[1] Cima v. Sciaretta, UWYCV0096001772, 2011 WL 4509917 (Conn. Super. Ct. Sept. 14, 2011) aff’d, 140 Conn. App. 167, 58 A.3d 345 (2013)

[2] Id.

[3] Id.

[4] Cook v. Nye, 9 Conn.App. 221, 518 A.2d 77 (1986)

[5] Id., at 228.

[6] Cima v. Sciaretta

Driver Convicted of Vehicular Manslaughter Countersues Boy’s Parents

A driver convicted of vehicular manslaughter has filed a countersuit against the parents of the boy he killed. He claims the boy’s parents are to blame because the boy wasn’t wearing a helmet and was riding his bike in the street when killed. The parents’ civil lawsuit against the driver touched off the driver’s counterclaim.

  • Convicted driver responds to wrongful death lawsuit with own claim
  • Injured party’s fault often at issue as a defense or counterclaim
  • Sovereign or governmental immunity shield’s DMV’s mistake

Parents Seek to Sue CT DMV for Negligence

It’s pretty unusual for someone who wasn’t injured in an accident to sue a victim’s survivors for damages. It would not be unusual for this driver to raise the defense of contributory or comparative negligence to the parents’ lawsuit. It’s doubtful a jury would sympathize with either the defense or the counterclaim in this case.

The parents of the boy have also sued the Connecticut Department of Motor Vehicles. They claim the DMV should have pulled the driver’s license because of his numerous prior traffic convictions, including five arrests and four convictions for drunk driving. The DMV has admitted its mistake.

What stands between the parents and compensation for the loss of their son is not the driver’s countersuit. He’s probably judgment proof anyway. It’s the doctrine of sovereign immunity. The state can’t be sued for personal injury or wrongful death in most circumstances. The parents have asked the state to waive immunity in their case.

By: Arthur Buono

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com