CONNECTICUT PERSONAL INJURY AWARDS, SETTLEMENTS & WORKERS' COMPENSATION STIPULATIONS PROCURED BY THE ROTATORI LAW FIRM
WORKERS' COMPENSATION AWARDS
A maintenance man from Groton, Connecticut awarded by way of a full and final stipulation approved in the Bridgeport, Connecticut Workers' Compensation Commission for a 100% loss of use of the right "master" upper extremity. The claimant developed reflex sympathetic dystrophy within his right upper extremity. He required pain management and orthopedic care. He was not a surgical canidate and is required to take neuropathic pain medication for the rest of his life. The claimant was treated by a Waterford, Connecticut orthopedist. This Connecticut work related accident occurred when the claimant had his right arm struck by a door opened by a patron at The University of Connecticut at Avery Point in Groton, Connecticut.
A Naugatuck, Connecticut police officer awarded at a formal five years of Permanent Total Disability by the Workers' Compensation Commissioner affirmed on appeal, for chronic lymph edema of both lower extremities. The repetitive nature of the claimant's job aggravated the police officer's preexisting condition. The Commissioner's Examining Physician was found not to be credible where the Commissioner relied on the police officer's internist and the testimony of the Chief of Police.
Stipulated workers' compensation award for a Waterbury, Connecticut trucker injured in Waterbury who aggravated discs in his low back while driving and unloading his delivery truck.
Stipulated workers' compensation award for lower extremity Reflex Sympathetic Dystrophy injury where a die press fell on a Prospect, Connecticut tool maker's right foot.
Stipulated workers' compensation indemnity only award for a claimant with right arm upper extremity Reflex Sympathetic Dystrophy. The claimant was a custodial janitor from Groton, Connecticut. His right hand was jammed while he was exiting the mens room at The University of Connecticut at Avery, Point. He developed Complex Regional Pain Syndrome in addition to his RSD. The case was filed in the Bridgeport, Connecticut Workers' Compensation District. The claimant was assigned a significant right upper extremity impairment from his treating physician, an orthopedic surgeon from Waterford, Connecticut.
Stipulated workers' compensation award for a Newtown, Connecticut heavy equipment operator who injured his low back while on the job. Our client was injured in North Haven, CT off the Merritt Parkway when he herniated a lumbar disc while working for an East Haven, Connecticut construction company at a construction site. The claimant was treated by a Fairfield County orthopedist and pain management specialist. The claimant's treating physician assigned a ten percent impairment of the low back causally related to our client's work related injury.
Stipulated workers' compensation award for a low back, left knee and right knee work related injury to a Waterbury, Connecticut truck driver injured in Wolcott, Connecticut while operating and unloading a rigger. The Connecticut truck driver had a left knee meniscus tear that required orthopedic surgery. The Connecticut trucking accident resulted in a permanent partial disability to the right knee, left knee and low back. The case was filed in the Waterbury, Connecticut Workers' Compensation District.
Stipulated workers' compensation award for a low back injury which required a surgical fusion for an injury in Danbury, Connecticut. The claimant, a laborer, aggravated a lumbar level that had been injured in a prior accident.
Stipulated workers' compensation award for a low back injury where the injured Waterbury, Connecticut claimant worked in a chemical plant moving barrels in Waterbury.
Stipulated workers' compensation award for a low back aggravation of lumbar spondylolisthesis at the L3-L4 in the Stamford, Connecticut Workers' Compensation Seventh District. The claimant was a construction worker who was thrown while working at a construction site in Newburgh, New York. His company's headquarters was located in Bethel, Connecticut. He received chiropractic care from a Woodbury chiropractic physician. He was assigned a ten percent impairment of the lumbar spine by Dr. Alan Waitze, a neurosurgeon from Waterbury, Connecticut. He did not require injection therapy nor did he reqire lumbar surgery.
Stipulated workers' compensation award combined with the permanent partial disability paid to a New Haven dental assistant who herniated a cervical disc from repetitive trauma while working for an oral surgeon. The case was filed in the New Haven Workers' Compensation District. A stipulation was negotiated even though the claimant was still employed by the employer. The claimant had a one level cervical fusion performed by a New Haven neurosurgeon. The claimant is still employed as a dental assistant.
Stipulated Connecticut workers' compensation award for a cervical spine "neck" injury where the claimant aggravated preexisting cervical spondylosis and also sustained a carpal tunnel syndrome hand injury. The claimant was a Waterbury, Connecticut nurses aid who was injured in a Waterbury nursing home while moving a patient. The claimant sustained a modest permanent injury to her neck and a modest impairment injury to her hand. No orthopedic surgeries were required and the permanent partial disability award was incorporated into the workers' compensation stipulation award.
Stipulated Connecticut workers' compensation award for a right leg injury. The claimant was a resident of Hartford, Connecticut. While working as a mail sorter in Berlin, Connecticut, the claimant had a motorized jack fall on her right foot. The claimant required surgical correction at Hartford Hospital by way of a an open reduction internal fixation to repair a right tibial fracture and distal fibula fracture. She was assigned a 6 % impairment to her right lower extremity by her treating physician and a 7 % impairment to her right lower extremity as a result of an independant medical exam. The case was filed in New Britain, Connecticut with the stipulation settlement figure placed on this case by a Connecticut Workers' Compensation Commissioner.
Stipulated Connecicut workers' compensation award for a Woodbury, Connecticut claimant who suffered a left hand thumb injury. The claimant worked for a swimming pool installation company as a pool construction worker and was injured in Newtown, Connecticut. The plaintiff moved a boulder while performing construction work and his thumb was wedged between a rock and a wall. The claimant was assigned a two percent impairment of his thumb by a Waterbury, Connecticut hand surgeon. There was no surgery.
CIVIL PREMISES LIABILITY CASES
Civil settlement after suit for a fall on common access steps at a church by a plaintiff resulting in upper extremity injuries in New Haven County.
Civil premises liability settlement after suit for a falling tree in Litchfield County that crushed the plaintiff's motor vehicle injuring the plaintiff's cervical spine. This case was reconstructed by a certified arborist.
The plaintiff, a Boca Raton, Florida resident, recovered damages by way of settlement for personal injury to his low back caused by a Waterbury, Connecticut "slip and fall" premises liability injury. The plaintiff fell on exterior common access stairs at a three family apartment building. The stairway run gave way from the plaintiff's weight. The step was too short, the nosing was too wide and the lighting was poor. The plaintiff used a Branford, Connecticut civil engineering firm to establish both the standard of care and breach by way of negligence of that care.
The building at isssue was very old. It was built before the establishment of a Connecticut building code. The plaintiff used the BOCA 2005 Connecticut Basic Building Code as well as some engineering journal text material from 1905 to establish some evidence of negligence.
The plaintiff's fall aggravated a prior recent low back injury caused by a bicycle/automobile collision. The plaintiff's physician apportioned the plaintiff's medical care to one half caused by the prior Florida accident and one half caused by the Connecticut premises liability injury. Control was not an issue in the case and the landlord failed to repair the step prior to the fall after a complaint had been made by the tenant's wife that the step squeaked when walked on.The plaintiff had some subtle notice of the defect creating issues on all elements of proof of the underlying prima facie case.
Civil premises liability settlement after suit for a delivery man who fractured his arm due to accumulated snow and ice in a parking lot while making a commercial delivery at a large retail chain in Waterbury. Suit was brought in the Waterbury, Connecticut Court.
Civil slip/fall settlement after suit for an elderly women's estate where the women fell on broken concrete steps at a school in Roxbury, Connecticut but later died of cancer before trial.Suit was brought in the Litchfield Court.
Civil settlement for a seven year old from Naugatuck injured while using a neighbors Hedstrom trampoline. Our office hired Donald McPherson of Glen Ellyn, Illinois an outstanding gymnastics/trampoline national expert. Mr. McPherson has testified in over 400 trampoline/gymnastics cases.
He opined that the defendant violated the " one jumper at a time" rule, allowing four jumpers, there were too many jumpers causing trampoline reverberation, there was no supervised trained gymnastics expert monitoring the child and multiple jumpers caused convergence in the center of the trampoline. Trampoline manufacturers place use warnings on the trampolines which provide notice to the homeowners of safety use standards.
In Connecticut a land possessor has a duty to safeguard children from danger from a structure or artificial condition on the premises. If a child can't comprehend the risk of harm and the condition poses an unreasonable risk of harm to a child, the land possessor must protect the child using reasonable care to eliminate the danger. In some states no allowance is made to account for the age of the child in comprehending the dangerous nature of trampoline use. Connecticut is not that type of state. The minor child recovered without a permanent injury but did require the arm fracture to be set. Additionally, many homeowner liability policies exclude coverage for trampoline use.
Civil slip/fall settlement after suit for a young Waterbury, Connecticut woman who fell down the landlord's exterior concrete stairway where ice and snow was not removed. The plaintiff injured her low back and shoulder. There was no surgery required.
Civil premises liability settlement after suit for a Naugatuck, Connecticut women who was injured when a paper plate display collapsed causing personal injury to her wrist and hand. The defendant was a large volume retailer grocery store "chain". The plaintiff suffered trumatic carpal tunnel caused by the compression injury to her wrist and hand.
The display shelving was supported by the product itself which was the claimed defect. The plaintiff hired Richard Silverman, a registered industrial safety engineer from Massachusettes. The case was filed in the Waterbury Superior Court. It settled by way of pretrial at or about the dollar figure placed on the case by an experienced trial and appellate court judge.
The plaintiffs complaint included allegations in the negligence count that the collapsing display was also made more dangerous and hazardous by multiple self service customers as the plaintiff invoked the use of the "mode of operation" premises liability rule against the large volume retail supermarket.
Civil premises liability settlement after suit for a fractured nose the result of an elevator that would not level in an elderly apartment building in Waterbury, Connecticut. This case was reconstructed with maintenance records and the use of an outstanding mechanical elevator expert from Long Island, New York.
Civil premises liability settlement for a Southbury, Connecticut man from Heritage Village who strained his shoulder at a large volume retail store while shopping in a store isle where boxes left in the isle caught his cart causing him to jamb his shoulder and strain his rotator cuff.
CIVIL AUTOMOBILE/CAR ACCIDENT CASES
Civil automobile accident settlement after suit for a Naugatuck, Connecticut housewife rear ended. The plaintiff injured her neck and low back. She had had prior low back fusion surgery six months earlier. The integrity of the fusion was fine. The plaintiff, however, aggravated an addditional low back level. She had a scond back surgery three years after her accident. She was treated by NOSS and was assigned an additional ten percent impairment of her low back.
Civil automobile settlement after suit for a Torrington, Connecticut plaintiff. The defendant, a Goshen, Connecticut resident ran a red traffic light on Route 202 at a four way intersection in Torrington, Connecticut. The plaintiff was a rear seated passenger in an SUV. The driver/operator of the SUV was well within the intersection when the defendant drove his work van into the intersection causing a high speed collision. The defendant van operator failed to keep a proper lookout. He testified by way of deposition that he was blinded by sun glare. He also gave inconsistent deposition testimony. The plaintiff suffered a rib fracture, closed head injury, soft tissue neck injury and soft tissue low back injury. The closed head injury resolved without any permanent injury or residual cognitive impairment. The case was filed in the Litchfield superior court in Litchfield, Connecticut.
Civil automobile settlement after suit for a Watertown, Connecticut plaintiff who suffered a chronic headache disorder after a negligent driver made an improper left hand turn into her lane of travel where the plaintiff was comparatively negligent travelling too fast. A civil accident reconstruction expert was hired.
Aggregate settlement and full resolution for a Naugatuck, Connecticut plaintiff who was rear ended on Interstate 91 in Windsor, Connecticut by a Rockville, Connecticut defendant. The plaintiff's Audi had substantial rear end crush damage. The automobile liability policy on the vehicle operated by the defendant had a minimum $20,00.00 policy. This policy was paid in full by the owner's liability carrier. The defendant operator also carried a $20,000.00 automobile policy on his own private automobile. This secondary policy was exhausted after an ISO search had been completed which verified that the defendant operator had his own coverage available. The operator's carrier had initially issued a reservation of rights letter for policy holder noncooperation.
The plaintiff's own underinsured motorist carrier than paid $90,000.00 of underinsured motorist benefits to the plaintiff after the full limits of automobile liability coverage were exhausted against both liability policies covering the defendant operator and owner.
The plaintiff was a twenty-five year old makeup artist and retail sales women who injured her neck, low back and knee. The plaintiff had no priors and appeared articulate and professional. The plaintiff treated with a chiropractic physician for her cervical spine and low back. The plaintiff's chiropractic physician assigned the plaintiff a five percent impairment of the cervical spine and a five percent impairment of her lumbar spine under the 5th Edition of the AMA Guide.
The plaintiff treated with a Waterbury, Connecticut orthopedic surgeon for her knee injury. The orthopedic surgeon recommended that the plaintiff have exploratory arthroscopic surgery to repair a possible suspected meniscus tear that was not documented in the plaintiff's MRI.
Civil car accident collision settlement for an out of state Wyoming minor plaintiff who fractured his leg/femur and had cuts and abrasions to his head when a Goshen, Connecticut defendant slid across snow and ice crossing into the plaintiff's lane of travel on Route 63 in the Town of Morris, State of Connecticut. The full automobile liability policy limits were paid out by the automobile insurance carrier who indemnified the Litchfield County defendant.
Civil car accident settlement after suit for a Litchfield County plaintiff broad sided injuring her cervical spine, low back, and right shoulder. The full policy limits were paid.
Civil automobile accident settlement after suit for full exhaustion of all insurance proceeds where a New Haven County woman was pinned in her vehicle against a guard rail on a local town road. She required cervical spinal disc surgery.
Civil acident settlement after suit was filed in the Waterbury Superior Court for full underlying automobile liability policy limits where a pedestrian plaintiff from Watertown, Connecticut was struck in Southbury, Connecticut at the Southbury Plaza by a defendant from Heritage Village. The plaintiff's underlying cervical condition was lit up with the development of both facetogenic pain and discogenic pain. The plaintiff treated with a pain and spine specialist from New Milford, Connecticut who performed cervical injections. The plaintiff has a pending underinsured motorist claim which is part of the same transaction.
Civil settlement after suit for a Southbury, Connecticut plaintiff who was hit by an intoxicated "hit and run" defendant excavator from Roxbury, Connecticut. The automobile collision happened on a local road in Southbury. The drunk driver defendant was operating a Ford F350 pickup truck on behalf of its owner, an excavation company. The defendant operator crossed over the center of the road into the plaintiff's travel lane inducing a motor vehicle crash. The plaintiff was forced off the country road after being broadsided by a "drunk" driver. The defendant was later arrested for DUI by the Connecticut State Police.
The plaintiff suffered neck strain, headaches, low back strain and tinnitus. The plaintiff treated with an excellent Woodbury, Connecticut chiropractic physician for her neck and low back strain. The plaintiff treated with a Danbury neurologist for headaches and tinnitus.
Civil automobile accident settlement after suit for a low speed rear end collision in Shelton, where a plaintiff from Ansonia, Connecticut aggravated a prior low back and shoulder medical condition. The plaintiff was an officer in the military unable to be deployed for his country. He also had a post injury subsequent accident.
Civil automobile accident settlement after suit but before arbitration for a broad side automobile collision on an Interstate "I"-84 off ramp in Waterbury, Connecticut. The defendant, an elderly gentlemen from Watertown, CT., attempted to cross over multiple lanes of travel striking the plaintiff who was in her proper lane coming off of the I 84 exit. The plaintiff, a Southbury woman, aggravated active preexisting Reflex Sympathetic Dystrophy or "RSD" to 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. There were also significant collateral offsets to the economic damages.
Civil automobile rear end collision settlement after suit filed in the Waterbury Superior Court. The plaintiff from Naugatuck, was a medical billing specialist who worked in Middlebury, Connecticut. She was rear ended on Prospect Street in Naugatuck by a Southington, Connecticut defendant. Her compact car was pushed eight feet upon impact. She sustained headaches which resolved, cervical strain and shoulder strain. She had a modest wage loss claim. She had her pain management care performed by Dr. John Gevinski of Waterbury. She had her shoulder care with Dr. Dennis Rodin of Waterbury, Connecticut. She had chiropractic are with Dr. Steven Levy of Woodbury, Connecticut. She was assigned a 5% loss of use of the cervical spine and a 4% loss of use of her shoulder.
Civil automobile head on collsion settlement after suit was filed in the Waterbury Superior Court. The plaintiff was an LPN who suffered a concussion and post concussive syndrome for approximately nine months after her car accident on a local road in Prospect, Connecticut. The plaintiff had preexisting cognative deficits that returned to baseline within nine months as reported by her Danbury, Connecticut neurologist. The plaintiff was hit head on by a defendant who failed to keep his motor vehicle on the right side of the roadway when negotiating a roadway curve.
Civil automobile settlement after suit where the plaintiff from West Haven, Connecticut was broadsided in at an intersection in Orange, Connecticut. The plaintiff had rotator cuff surgery.
Civil settlement for a Waterbury, Connecticut man sitting in a car parked at a city park in Waterbury. The plaintiff was rear ended aggravating his low back spine condition. No surgery was required but the plaintiff aggravated lumbar spondylosis.
Civil Verdict returned by a Waterbury, Connecticut jury where a Naugatuck, Connecticut plaintiff suffered a cervical strain/sprain and had minimal property damage to the rear of his bumper from a rear end collision. The case was tried with testimony from a biomechanic chiropractic physician expert in the Waterbury Superior Court. The insurance carrier Allstate only offered $15,000.00 at the beginning of jury selection after making no offer for over four years. The jury waited chiropractic testimony heavier than orthopedic medical records.
A civil settlement after suit filed in the Litchfield superior court for a Bethlehem, Connecticut contractor who was rear ended while stopped in a dump truck on a roadway in Westport, Connecticut. The defendant from Trumbull Connecticut was operating a compact car. The plaintiff suffered an aggravation of cervical spondylosis and required physical therapy and cervical injection therapy. There was no neck surgery performed. The plaintiff was left with an impairment or disability of the cervical spine that was refuted by the insurance carrier for the defendant. Negligence was admitted by the defense. The defendant admitted to both taking his eyes off the roadway and rear ending the plaintiff at an impact speed of 25-30 miles per hour in the Defendant's Responses to the Plaintiff's Requests to Admit. After the collision, the plaintiff observed an open lap top computer on the defendant's front passenger seat in the automobile. The defendant was a young professional. The case was settled before a scheduled trial date after discovery was complete, a defense medical examination was performed and multiple pre trials were attended by the parties.
Civil personal injury settlement in a rear end collision for a Waterbury, Connecticut man operated a snow removal truck where the snow removal truck was rear ended in Naugatuck, Connecticut on Route 63 resulting in neck and low back soft tissue injuries to the occupant plaintiff.
Civil automobile accident settlement after suit for a laborer from Litchfield County who suffered a low back injury in a rear end collision. The laborer aggravated pre existing lumbar facet syndrome and required a nerve block along with chiropractic lumbar care. The impairment to the low back was ten percent assigned by a pain management physiatrist. A physiatrist specializes in the treatment of pain by way of medication and nerve blocks.
Civil car accident settlement for a head on automobile collision in Danbury, Connecticut on Interstate "I" 84. The plaintiff was hit by a drunk driver. The Westport, Connecticut plaintiff suffered neck strain and low back strain. The negligent tortfeasor's full policy limits were paid out with the balance of the proceeds being paid by the plaintiff's automobile underinsured motorist carrier. The plaintiff treated with an orthopedic surgeon who assigned modest cervical and low back impairment ratings.
Civil automobile accident settlement for a Waterbury, Connecticut woman with a rotator cuff shoulder injury with no surgery required the result of a rear end collision.
Civil automobile accident settlement for a neck and back strain where a young Naugatuck, Connecticut woman was hit by an intoxicated driver after the driver left a restaurant/pub.
Civil car accident rear end collision settlement after suit for an elderly plaintiff from California. The plaintiff aggravated a pre existing cervical spine requiring spinal injections.
Civil automobile accident rear end collision settlement for a Woodbury, Connecticut mortgage broker with low back and thoracic soft tissue spinal injuries. The plaintiff was rear ended by a defendant from Heritage Village in Southbury, Connecticut at the intersection of Main Street South and South Poverty Road. There was minimal damage to the rear of the plaintiff's sub compact car. The defendant failed to keep her car under proper control and failed to keep a proper lookout. The plaintiff aggravated a prior degenerative low back condition. The aggravation resolved after chiropractic care. The plaintiff had medical pay coverage and there was no wage loss claim.
Civil broad side automobile accident settlement after suit for injuries received by a women from Naugatuck, Connecticut.The plaintiff aggravated a preexisting low back condition. There was a delay in the reported injury. No subsequent surgery was required.
Civil settlement after suit where a minor was injured in New Haven County in a school bus accident resulting in a headache disorder. This injury was complicated by a subsequent head injury.
Civil settlement after suit where a plaintiff from Terryville, Connecticut suffered a neck strain and sprain in a rear end collision car accident. The plaintiff was left with a modest impairment of the cervical spine. The defendant was from Waterbury, Connecticut.
Civil settlement for a New Milford, Connecticut plaintiff hit broadside by a truck in an intersection in Torrington, CT. The plaintiff, a women, was treated by a Woodbury chiropractic physician and suffered neck strain with a modest impairment to the cervical spine as assigned by her treating physician.
Civil settlement for a Southbury, Connecticut man rear ended at a low rate of speed in a private parking lot. The plaintiff had neck and shoulder soft tissue personal injuries and a modest cervical spine impairment after treating with a Fairfield County physical therapy group.
Civil school bus accident settlement after suit where a minor was injured from New Haven County.The minor suffered shoulder strain.
MOTORCYCLE NEGLIGENCE/ AUTOMOBILE NEGLIGENCE
Civil Connecticut motorcycle accident settlement where the plaintiff passenger was thrown off a Harley Davidson motorcycle landing on the side of a country roadway. The motorcycle operator tried to pass an automobile that attempted to make a U turn in the roadway when the collision between the motorcycle and the automobile occurred. The liability and damages were apportioned between the motorcycle owner/operator and the owner/operator of the automobile. The plaintiff was an upstanding educator who was very civic minded. The Middlebury, Connecticut motorcycle passenger suffered headaches, neck strain, low back strain, and abrasions to her body.The motorcycle owner/operator carried a motorcycle passenger liability policy unlike many motorcycle owner/operators.
Civil motorcycle/ dump truck accident settlement after suit where the plaintiff, a women from Oxford, was thrown off a Suzuki SV 650 motorcycle on a country road in Oxford, Connecticut. The defendant was an Oxford excavation company that had dumped trap rock, gravel and stone on a local town roadway minutes before the motorcycle spill. The dump truck operator failed to secure the tailgate of the 18 wheeler tri-axle Mack truck. The lawsuit was filed in the Connecticut Superior Court alleging violations against the excavation truck hauling company and its truck operator for failing to properly secure the travel load and tailgate under both the Federal Motor Carrier Safety regulations (FMCSRs) and Connecticut General Statute 14-271.
The plaintiff suffered neck strain and a right arm radial head "elbow" fracture which did not require a cast or surgery. There was a modest cervical impairment and very modest right upper extremity impairment. The plaintiff treated with a Connecticut chiropractic physician and an upper extremity shoulder, arm and hand Connecticut orthopedist .
DENTAL MALPRACTICE CASES
Dental drill exterior cheek injury settled by way of a court mediation after suit where the plaintiff was cut on the exterior of her face while having cavities excavated by a general dentist. The parties and the settlement amount remain confidential. Plastic surgery was suggested by the plaintiff's plastic surgeon. The plaintiff used a well respected general dentist from Hartford County as an expert. The number of reported cases where this has happened are relatively few.
Civil dental malpractice settlement after suit where the patient suffered a nerve injury from a dental extraction in New Haven County. The trigeminal nerve injury was permanent and the plaintiff was diagnosed at the UCLA Medical Center in Los Angeles, California.
PHYSICAL THERAPY MALPRACTICE
Civil health care malpractice settlement for a burn suffered to a client's lower extremity where a heating pad was left on the patient leg by a physical therapist from Southbury, Connecticut.The burn resolved without any residual scarring or permanent injury.
3 PANEL ARBITRATION AWARDS
Bristol, Connecticut school bus driver received a personal injury arbitration award by a three panel arbitration board where a physically and emotionally challenged defendant fell on top of her arm while boarding a special needs school bus. The case was removed from the civil court system and arbitrated by agreement of the parties. The plaintiff required multiple shoulder surgeries. The defense alleged that the defendant owed no legal duty to the plaintiff bus driver because of her physical and mental condition.
A three panel automobile accident arbitration award for a Chief Operating Officer from Florida injured in a rear end collision in Brookfield, Connecticut. The petitioner had substantial crush damage to her motor vehicle. A lawsuit was initially filed in the Litchfield, Connecticut Superior Court. The case was withdrawn from the civil jury system and was arbitrated by the agreement of the parties after numerous pretrials with the court. The arbitration agreement was executed on or about a trial management conference.The petitioner aggravated underlying active cervical degeneration. The petitioner had two prior motor vehicle collisions with cervical injuries. The petitioner also had a prior work related shoulder injury and a post motor vehicle accident work related shoulder injury. The petitioner suffered an aggravation of chronic cervical spondylosis at multiple levels from her motor vehicle rear end collision. The panel assigned twenty-five percent impairment to her cervical spine apportioning ten percent to her prior condition and fifteen percent to her rear end collision. Past medical special economic damages awarded were approximately $31,000.00. Future economic damages awarded were $35,000.00 for medication, therapy and injections. Approximately $84,000.00 was awarded for non economic damages. Medical proof for an aggravation of cervical spondylosis was made with a top notch Greater Waterbury area neurosurgeon who testified at the arbitration hearing. The arbitration panel was composed of three outstanding and experienced personal injury trial lawyers from the greater Waterbury area who had an in excess of 70 years of combined legal experience.
1 PANEL ARBITRATION AWARDS
A Waterbury, Connecticut handyman fell down basement stairs in a multiple family home in Bristol, Connecticut which was under renovation. The plaintiff handyman injured his low back which was the result of a defective stairway premises. The handyman was not working on the basement stairs at issue in the case. The stairway was constructed in 1900. The treads were excessively short and the handrail too low. The plaintiff's civil engineer had an office in New Haven County. The plaintiff argued that subsequent building codes were competent, relevant and material evidence of a standard of safety under Considine v The City of Waterbury 279 Conn 830, 863 905 A.2d 70 (2006). The defense argued the contractor was an unlicensed trespasser and was not owed a duty of due care by the property owner. The only witness to the fall was a handyman helper. The plaintiff aggravated lumbar spondylosis and had lumbar surgery almost 5 years after the fall. The plaintiff's neurosurgeon causally related the low back surgery as an aggravation of a preexisting back condition. A collateral offset was then subsequently applied to the award in this premises liability arbitration award. The case was initially filed as a civil action in the Waterbury, Connecticut Superior Court before being withdrawn and then arbitrated by the agreement of the parties. This case was heard by a Connecticut "neutral" arbitrator from the Greater Waterbury area who had extensive litigation and trial experience representing both plaintiffs and defendants. The defendants had let the commercial liability premises insurance policy lapse which took effect the following day after the plaintiff's fall. The plaintiff was still covered under the policy and monetary damages were paid after collateral offsets were applied by law. The defense failed to offer any evidence from the defense medical examination.
Office executive from Naugatuck, Connecticut injured his neck and back in an automobile accident when struck head on suffering a bulging disc in his lumbar spine with no surgery required.
UNINSURED/UNDERINSURED MOTORIST BENEFITS
Civil uninsured motorist settlement in a motorcycle accident in Waterbury, Connecticut where the plaintiff required low back surgery. The full policy limits were paid.
Civil uninsured motorist settlement where the plaintiff from Prospect, Connecticut was forced off the highway in Beacon Falls, Connecticut by a hit and run driver. The plaintiff injured his low back requiring spinal injections for his low back. No back surgery was required. There was minimal crush damage.
Civil settlement for a pleasant Heritage Village plaintiff from Southbury, Connecticut. The plaintiff injured her low back and neck sustaining soft tissue injuries when her automobile was side swiped by a drunk driver on Interstate 84 in Waterbury. The defendant was from Newtown, Connecticut. The underlying carrier for the negligent tortfeasor tendered the full $20,000.00 policy limits and the underinsured motorist carrier tendered an additional $10,000 after paying out $5,000 in medical pay benefits. The property damage was minimal and the plaintiff's treating physician from Woodbury, Connecticut had assigned a five percent impairment of the lumbar spine.
DOG BITE/LIVESTOCK CASES
Civil settlement for a Meriden plaintiff after suit was filed in the Meriden Superior Court for a dog attack on a retired women. An attachment was secured on the dog keeper's residence. The defendant dog owner and the co-defendant dog keeper were Meriden, Connecticut residents. The plaintiff was attacked by a Pit Bull and sustained a right arm injury. The arm became infected and required hospitalization. The dog bite attack happened in Meriden, Connecticut on a public sidewalk. The plaintiff also lost her small dog who was killed in the attack.
Civil settlement for a retired Winsted, Connecticut school teacher who was attacked by a dog in Goshen, Connecticut while riding her bicycle. The plaintiff required a meniscus knee repair the result of a direct blow to the knee from falling off the bicycle.
Awarded by the Waterbury, Connecticut court in a civil dog bite action where the plaintiff was bit by a bull mastiff in the stomach at a state park in Kent, Connecticut.
Civil settlement after suit where a plaintiff suffered cervical spine and neck soft tissue injuries when a quarter horse from Southbury, Connecticut leaped livestock fencing after fireworks discharge in Oxford, Connecticut. The defendant initially denied both notice and a duty of care to the plaintiff. This case was reconstructed with fireworks discharge records and eye witness accounts. Plaintiff's counsel hired an internationally trained quarter horse trainer as his expert.
REAL ESTATE SELLER/BROKER FRAUD
Civil settlement after suit in a real estate fraud case brought against a Naugatuck, Connecticut real estate broker and a Naugatuck, Connecticut seller. The seller concealed sub surface fill material which required the builder purchaser to remove the poor grade fill prior to construction.
ALARM COMPANY LIABILITY
A plaintiff brought suit against our client, a highly reputable alarm company, due to alarm failure in an attempted burglary in Seymour, Connecticut. A count in unfair trade practices was brought against our client. The alarm company's insurance company would not pay any settlement or judgment on the unfair trade practice legal theory. They issued a reservation of rights letter. We aggressively brought a declaratory judgment action against the insurance company and also defended the unfair trade count brought by the plaintiff. The unfair trade count was withdrawn. The client paid no money personally to the defendant out of pocket.
Reported settlements, verdicts, judgments and arbitration awards are based on the merits of each case. The outcome of all legal actions and claims are fact and law sensitive. The reported favorable resolutions do not mean that a future client's case or any case has the same ascertainable fixed value.