Our Success Stories
At Mills & Cahill, LLC, we try cases for both plaintiffs and defendants in civil courts throughout Connecticut. Our experience gives us the ability to see a case from both sides and to anticipate what our opponents are likely to do at trial. Many cases filed in Connecticut courts settle prior to trial. However, we prepare each case as if it will be tried to conclusion, so we fully prepared. We have had terrific trial results, no matter which side we are on. Let our team work for you!
CASES TRIED TO JURY VERDICT
- Christine Shea v. Kevin Beck, Waterbury, CV 92 0108383 S (August, 1994)
Auto case. The plaintiff was a former Miss Connecticut who was injured along with her boyfriend in head-on collision caused by our client, the defendant, who had to swerve b/c of non-contact vehicle passing in opposite direction. The plaintiff sustained forehead scarring. The plaintiff’s settlement demand was $60,000. We offered $35,000.00. Jury returned defendant’s verdict, awarding the plaintiff $0 damages.
- Frederick Asare v. Mark Judge, New Haven, CV 91 0311738 S (October, 1994)
Auto case with plaintiff claiming soft tissue injuries after being struck from behind by our client, the defendant. Plaintiff’s settlement demand was $36,000. We offered $24,000.00. The jury returned defendant’s verdict, awarding $0 damages.
- Gregory Jaeger v. Angela Vaccarelli, Milford, CV 93 0044062 S (March, 1996)
Auto case wherein the plaintiff was assessed with a 5% cervical impairment after being struck by our client from the passenger side in a parking lot. The plaintiff’s settlement demand was $20,000. We offered $12,000.00. The jury returned defendant’s verdict, awarding $0 damages.
- Irene Rathkopf v. Jack Hanna, Danbury, CV 91 0306803 S (May, 1996)
Severe rear property damage in a hearings in damages case, wherein the plaintiff’s vehicle hit from behind and pushed forward 116 feet into pole. The plaintiff claimed injuries to her neck and back, along with possible tear of ACL in right knee. The plaintiff’s settlement demand was $85,000. Our final offer was for $45,000.00. The jury returned verdict for plaintiff in the amount of $15,000.
- Mary Ann Musolino v. Frank Cummings, Stamford, CV 93 0132008 S (April, 1997) The plaintiff had knee surgery after fall in driveway on loose marble chips allegedly put down by our client, her landlord, after tenancy began. Settlement demand by plaintiff $125,000. We offered $50,000.00. The jury returned defendant’s verdict, awarding $0 damages.
- Rusell Workiewicz v. Cara O’Brien, Bridgeport, CV 92 0295006 S (November, 1994) Child dart out case tried by Jason Tremont for plaintiff. The Plaintiff was a 13 year old girl who had undergone arm surgery to repair tendon caught in fracture site. Plaintiff’s settlement demand was $75,000. Our offer was $30,000.00. The jury returned defendant’s verdict, awarding $0 damages.
- Jose Rivera v. Phillip Boettcher, Bridgeport, CV 92 0290941 S (Feb., 1995)
Plaintiff injured in motorcycle accident after being cut off by our client, the defendant. The plaintiff claimed a herniated disc and need for surgery per Dr. Lipow. Plaintiff’s settlement demand was $100,000. We offered $60,000.00. The jury returned plaintiff’s verdict in the amount of $7,426.71.
- John Giaquinto v. Robert Masek, New Haven, CV 92 0331046 S (Sept., 1995)
Traumatic brain injury claim w/ opposing neuropsychologists. Chain collision. No proof as to liability on part of our client, who was at rear of multi-vehicle accident. 3 week trial involving expert testimony from seven different doctors. Infinity Insurance Co. Jury returned defendant’s verdict for our client, awarding $0 damages.
- Thomas Geraghty v, Jon Porter, Danbury, CV 94 0315563 S (May, 1997) Disputed turn accident. Plaintiff claiming herniated disc/need for surgery per Dr. Ramon Batson at a cost of $25,000. Never returned to work after accident, $140,000 lost wage claim. Plaintiff’s settlement demand was $350,000.00. We offered $35,000.00. Judge Moraghan recommended $120,000.00 settlement. The jury returned defendant’s verdict, awarding $0 damages.
- Vincent Ferrucci v. Anne Raines, New Haven, CV 95 0632212 S. The plaintiff claims neck and back injury when struck from rear in parked car. We offered the plaintiff $18,000 prior to trial. Jury did not find causal connection between impact and injuries, returned a defendant’s verdict of $0.
- Maria Mazzola v. Dorothy Tiani, et al, Stamford, CV 93 0129647 S (July, 1997) Plaintiff struck from behind by our client, the defendant, while at a stop sign. The plaintiff suffered a shoulder injury which ultimately required seven surgeries and removal of part of her clavicle. Defense contended surgeries connected to prior carpal tunnel complaints. The plaintiff presented $90,000 in medical expenses and 38% disability of left shoulder and scarring. Lost wage claim of $220,000 Prior to trial, we offered $275,000. The plaintiff’s final settlement demand was $600,000. The jury returned a verdict of $109,528.00, which was substantially reduced by collateral sources. The case settled for $60,000 after trial.
- Hajdu v. Bassewitz, Stamford, CV 92 0125444 S. (Sept. 1997) Our client, the defendant, struck the plaintiff after making left turn into his lane from private parking lot after being waved out by non-contact vehicle. The Plaintiff had an 11% disability of the cervical spine by neurologist, Dr. Xistris. $32,000 in medical special damages and $30,000 in lost wages. Plaintiff adamant would not settle case for less than $100,000. Defense filed offer of judgment for $60,000. Jury awarded $42,000 economic damages, $0 non-economic. 25% comparative negligence, total verdict $31,500. Reduced to $15,000 after collateral source hearing.
- Shade v. Cisneros, et al, New Haven Federal Court, 3:94CV00774 (EBB) (Federal Court) (April, 1998). Two minor children with lead poisoning sue two landlords (Yost and Diduca) as well as New Haven Housing Authority. Lowest demand $600,000. We offered $50,000 on behalf of our client, one of the landlords. Children repeatedly hospitalized at Yale for chelation; Dr. David Schonfeld testified for plaintiffs. Jury award is $550,000: $400,000 against City, $100,000 against Diduca, $50,000 against our client, Yost. Judge Ellen Burns.
- Peck v. Rattlesnake, Stamford, CV 94 013952 S (July, 1998). Judge Frank D’Andrea. First plaintiff’s case tried for friend. Owner of condominium initially sought injunction to stop loud noise from band music emitted from nightclub that moved in beneath her unit. After injunction denied case proceeded to trial on merits. Demand $30,000. Offer $5,000. Jury verdict for our client in the amount of $875,000.
- May v. Jones, Hartford, CV 97 0568585 S (Feb. 1999). Judge Langenbach. Plaintiff was rear ended by tractor trailer. Claimed neck and back injuries, along with left shoulder problem. Collapsed lung as a result of trigger point injection administered after accident. $8,500.00 medical specials. Lost wage claim of $13,000.00. Plaintiff’s demand $50,000.00. Offer by our client, Jones Motor Co., was $30,000.00. The jury awarded $3,000.00 economic damages, $0 non-economic. Collateral source credit reduced the award to $0.
- Jeremy Hackling v. Casbro Construction of Rhode Island, New Haven, CV 94 0368552 S (July, 1999). Judge Levin. Plaintiff suffered a fractured skull when a concrete block was thrown off construction trailer by defendant’s driver. $8,000.00 in medical special damages, $1,500.00 lost wages. Both plaintiff’s expert, Dr. Gilstein, and defense expert, Dr. Sass, agree that plaintiff had premorbid IQ of 109, post-accident IQ of 88. Gilsetin relates loss of IQ to the accident. Sass attributes this to a learning disability that was never previously diagnosed. Both psychologists agree that plaintiff has major depression and mood disorder, and needs future treatment. Plaintiff would accept nothing below $185,000.00. Our client offered $65,000.00. Jury verdict of $38,000.00 reduced by 50% for plaintiff’s comparative liability for failure to wear a hard hat. Final verdict $19,000.00.
- Frank Johnson v. Gregory Strickland, CV 98 0350826 S (October, 1999) Bridgeport Superior Court (Mottolese, J.). Plaintiff struck from behind by our client while stopped at a stop sign. 5% cervical impairment. $5,200.00 total special damages. Defendant claims he was pushed into plaintiff by hit and run vehicle. Demand $20,000.00, no offer by defense. Jury found for plaintiff, awarding $4,354.07 in economic damages. $0 for non-economic damages.
- Shade v. Cisneros (II), 3:94 CV 774 (EEB) District Court in New Haven. Second trial on damages only after trial court first trial should have been decided pursuant to joint and several liability. Prior jury had apportioned damages of $600,000 among defendants in mined by prior jury in 1998. Demand by plaintiff is amount of original verdict – $600,000. Although defendants had combined settlement authority of $235,000, no discussions took place. Jury returned a defendants’ verdict on January 31, 2000, finding that the plaintiffs had not proven proximate cause. Damages, including 17 days of hospitalization, not causally related to lead poisoning from the insured premises.
- Mazzacane v. Elliott, CV 97 0059256 S (October, 2000), Milford Superior Court (Arnold, J.). Plaintiff Robert Mazzacane was a passenger in a car rearended by our client, Robert Elliott, on the Merritt Parkway. The plaintiff had undergone lumbar surgery two weeks before the accident. He alleged an exacerbation, along with a herniated cervical disc. He had neck fusion five months after the accident. Total medical bills were $51,000. Lost wages of $9,000. The plaintiff had a 25% disability of the neck and an additional 10% of the back from his surgeon – Dr. Engel. Demand was $400,000, later decreased to $380,000. Our client offered $160,000.00. The jury returned a verdict on October 31, 2000 in the amount of $10,608.99 ($5,608.99 economic damages and $5,000 non-economic damages).
- Tetu v. Coleman, CV 99 03633523 S (July, 2001), Bridgeport Superior Court (Melville, J.). Plaintiff Gary Tetu was driver of a vehicle rear-ended by Jerry Coleman, a 300 lb. man traveling with his wife in a van at approximately 30 mph. Plaintiff diagnosed with a herniated cervical disc. Medical bills of $6,967.00. Plaintiff is a painter. Claimed that he could not work after the accident. Demand $100,000 policy limits. Offer by our client was for $40,000.00. Verdict for plaintiff $130,740. Economic damages of $103,250.00 Non-economic damages only $27,500. Post-trial contacted by two jurors after trial regarding juror misconduct. Trial court found misconduct, and case settled within policy limits.
- Canal Insurance Company v. Barbara Haniewski, CV 98 0417942 S, New Haven Superior Court (Blue, J.). Declaratory judgment action before Judge Blue to determine whether a $1 million dollar policy was properly canceled. Plaintiff-decedent’s estate obtained $5 million dollar verdict in the underlying tort case in Middletown. Judge Blue finds in favor of the plaintiff on the coverage issue, ruling that the policy was properly canceled. However, case continues in federal court on MCS-90 endorsement issue and whether endorsement canceled pursuant to federal law.
- Daniels v. Purdy, CV 99 0065831 S (Sept., 2001), Milford Superior Court (Lager, J.). Defendant backed into the plaintiff at a shopping center. Plaintiff had undergone prior cervical fusion, claims exacerbation. Plaintiff had heavy medical treatment, with cervical pain injections with a pain specialist, Dr. Brennan. Plaintiff has a 10% cervical disability from orthopedic surgeon, Dr. Staub. She had $21,483.35 in medical special damages. Initial demand was $300,000 policy limits, down to $75,000 at the end of jury selection. Final offer was $45,000. Defendant’s verdict, $0 damages.
- Earlene Smart v. ACIC, CV 00 032157 S (Jan., 2002), New Haven Superior Court (Berdon, J.). Plaintiff’s case tried before Justice Berdon as a court-side matter. Our client, the plaintiff, was a passenger in taxi hit by uninsured driver. Soft tissue injuries to neck and back. $7,000 in chiropractic treatment. Plaintiff with prior felony convictions for narcotics. Willing to settle for court’s figure of $19,000. Offer only $15,000 by insurance company in UM case. Court award to ourclient after trial $45,000.
- Alonda Boone v. Fred Kent, CV 99 0432005 S, New Haven Superior Court.
An 8 year old girl rode her bike into street, and was struck by our client, the defendant. The plaintiff sustained fractured clavicle. Liability was contested, and only offer was the medical bills of $3,500. Court recommended $9,000. The case was tried before Judge Skolnick in October, 2002. Defendant’s verdict, $0 damages.
- Steven Hyduck v. Middlesex Mutual Assurance Co., CV 00 0441006 S, New Haven Superior Court (Radcliffe, J.) Traumatic brain injury case. Plaintiff previously collected $100,000 from the tortfeasor, which was paid by Nationwide pursuant to arbitration award rendered by Gerry Cooper in the amount of $150,000. Plaintiff thereafter demanded $200,000 remaining UIM limits from Middlesex. MMA willing to offer $50,000 to match the $150,000 awarded by Cooper. Six experts testified at trial: (Drs. Gilstein, Tucker, Aronson and Funk for plaintiff; Dr. Sass and Dr. Tucker for defendant). Attorney Grudberg argued for $500,000 during final argument on the basis that the plaintiff had to give up his painting business and move to Colorado to live with his sister. Jury awarded $10,280 in economic damages, $0 for non-economic damages. Judgment later entered for defendant for plaintiff’s failure to recoup damages above the $100,000 policy limits paid by Nationwide pursuant toFahey v. Safeco.
- Jeffrey Rairan v. Sono Entertainment Group, et al, CV 99 0175358 S. Plaintiff’s case for excess noise and smoke from defendants’ nightclub. Case tried in Waterbury Complex Litigation before Judge Alander. Offer $75,000, Our client’s demand $125,000. The jury found in favor of our client in the amount of $171,710 on November 4, 2003. As a result of offer of judgment interest, another $80,000 added. The case settled for $250,000 during course of defendants’ appeal on May 18, 2004.
- Sandra Mejia v. Marilyn Ward Ford, et al, CV 02 0191949 S. Stamford Superior Court. Rear end collision on I-95. Plaintiff claiming herniated cervical disc. Our client, the defendant, was a law professor at Quinnipiac Law School. Plaintiff presented with medical especial damages in the amount of $12,302 along with a 7% permanency of the cervical spine and 5% lumbar by Dr. Maria Passaro and a neurosurgeon. Demand was $75,000. Jury returned verdict in favor of plaintiff on November 24, 2004 in the amount of $3,289.75, awarding $0 for pain and suffering.
- Steven Amarante v. Melody Walton, et al, CV 03 0286240 S. Meriden Superior Court (Taylor, J.). Case tried to verdict 2/06. Plaintiff claimed injuries as a result of a rear-end collision. Case tried as a hearing in damages. Plaintiff claimed medical bills of $3,142.09. 5% ppd for vertigo. Demand $15,000. Jury award of $1,717.32 economic damages, $0 for non-economic damages.
- Peter Turzer v. David Prenata, CV 04 0408927 S. Bridgeport Superior Court (Richards, J.). Case tried to jury verdict May, 2006. Plaintiff alleged neck and back injuries as a result of being hit from behind by defendant on exit ramp. $8,247.33 in medical special damages and 20% ppd of the neck by Dr. Paul Carpenter, local chiropractor. Demand $45,000. Offer $6,600 because of gaps in treatment. Jury returned defendant’s verdict of $0.
- Stephen Gospodinoff, Sr., et al v. Dana Brown, CV 04-0200866-S. Stamford Superior Court (Downey, J.). Case tried to verdict on September 29, 2006. Plaintiffs Stephen Gospodinoff, Jr. (driver) and Stephen Gospodinoff, Sr. (passenger) allege to have sustained neck and back injuries as a result of being hit from behind by our client while stopped at a red light. Plaintiff operator submitted medical special damages of $18,000. Plaintiff passenger submitted medical special damages of $12,000. Demand prior to trial was $180,000 ($90,000 each). Jury awarded plaintiff operator $822.70 in medical bills, $0 pain and suffering. Plaintiff passenger awarded medical bills of $1400 and $0 pain and suffering.
- Melvin Natter v. Allstate Insurance Company, CV 03 0081977 S. Derby Superior Court (Esposito, J.) Case tried to jury verdict on January 16, 2007. Plaintiff Melvin Natter was struck from behind by an uninsured operator, sustaining neck and back injuries. The plaintiff treated extensively, receiving 9 epidural pain injections and amassing more than $30,000.00 in medical bills. The plaintiff demanded the $50,000.00 policy limits. The jury awarded the plaintiff $3,725.63 in economic damages, and $30,000.00 in non-economic damages.
- Debra Scott, Adminstratrix v. Joseph Morley, M.D., CV 03 0405325 S. Bridgeport Superior Court (Rush, J.) Our client, Mrs. Scott, died during delayed surgery to replace her defective heart valve. We filed a medical malpractice claim against her cardiologist. The defense denied liability and made no settlement offer. The case tried to verdict on November 20, 2007. The jury found in favor of our client, awarding $2.25 million dollars in damages. With Offer of Judgment interest, the final judgment was for $3 million.
- Robert Murray v. Varian Sonny, CV 06 5000501 S. Derby Superior Court (Levin, J.) Tried to verdict on February 5, 2008. Plaintiff was hit head on by our insured client, who claims he was cut off by non-contact vehicle on September 16, 2005. The plaintiff shattered his calcaneus and required extensive rehabilitation. Medicals $49,960.70. Future medicals claimed $8,960.00. Also claimed future lost wages of $79,477.95. Plaintiff left with limp and need to use a cane. 28% ppd of right leg/foot confirmed by medical review, so no defense expert on damages. Lowest demand by plaintiff was $800,000. Jury verdict for plaintiff in amount of $451,960.70.
- Leticia Belton v. Ann Patterson, et al, CV 06 5004162 S. Bridgeport Superior Court (Hiller, J.). Plaintiff’s case involving terrible dog bite tried to the court on December 19, 2007. Court awarded our client damages of $188,681.00. Case later settled for $125,000.00 b/c of insurance coverage problems.
- Jermaine Deas v. Metro Taxi, CV 07 5008208 S. New Haven Superior Court (Corradino, J.). Plaintiff’s case wherein our client sustained neck and back injuries caused by uninsured driver who hit him and fled the scene. Plaintiff had $5,385.00 in medical expenses and 5% lumbar ppd from chiropractor. Demand was $12,000.00. Offer $5,000.00. Jury awarded our client $45,385.00 on October 8, 2008.
- Leonard Talley v. Encompass Insurance Company, CV 06 407463 S. New Haven Superior Court. (Radcliffe, J.) UIM case brought by plaintiff as a result of an accident on I-91. Plaintiff collected $20,000.00 from tortfeasor. $17,762.10 in medical expenses, and 10% ppd to neck and back with disc bulges at both levels. Plaintiff’s demand $80,000.00. Our offer was for $25,000.00. Jury returned a verdict for $30,000.00, which was reduced by $20,000.00 already collected. Net judgment $10,000.00.
- Paul Bergeron v. Mark Dixon, CV 07 5009714 S. New Haven Superior Court (Cosgrove, J.) Plaintiff’s case wherein our client, a 12 year old boy, fractured his ankle while using razor scooter on skateboard ramp at the defendants’ home. The scooters had been provided by defendants and allowed on home-made ramp despite scooter product warnings not to ride on anything but flat surfaces. Our settlement demand was $45,000. $15,000 offer. Jury awarded $88,818.60.00 and found plaintiff 20% at fault. Final verdict $71,053.28.
- Jill Granda v. Nicholas Sabetta, CV 07 5002308 S. Derby Superior Court (Bellis, J.). Plaintiff injured when our elderly client (died prior to trial) made a left turn in front of her. Heavy damage to both vehicles. Plaintiff incurred $18,607.35 in medical special damages and had 10% lumbar disability and multiple epidural injections. Demand was $100,000.00 policy limits. Defense offer was $60,000.00. Jury award of $58,607.35, reduced for collateral source credits to $47,205.30 on 7/6/10.
- Tama Hansen v. Jayne Gary, CV 09 5030021 S. (Zoarski, J.). Plaintiff’s case involving our client, a woman who injured her right knee when tread on exterior staircase collapsed beneath her. No offer, as landlord denied prior notice of defect. Court awarded the plaintiff $45,000.00 on 8/27/10.
- Amanda Dewart, Administrator v. Felix Alcazar, CV 08 5002703 S. Rockville Superior Court (Bright, J.). Decedent struck by our client while walking along dark highway. Demand $100,000 policy limits, plus $50,000 sought from insured. $20,000.00 offer. Decedent under the influence of narcotics, but plaintiff had accident reconstruction expert testify he was hit while walking along breakdown lane. We had case reviewed by another expert, but could not say where impact occurred. High risk case b/c no debris found in center of highway where insured said he was traveling. Defendant’s verdict, $0 damages.
- Jeffrey Gonzalez v. George Johnson, CV 06 5003418 S. Bridgeport Superior Court (Tyma, J.). Two plaintiffs injured when our client admittedly ran a stop sign, causing heavy damage. Plaintiff passenger had scarring to head from shattered glass. Plaintiff driver claimed herniated disc and lumbar spine and need for surgery. Jury awarded passenger $3,079.75 and driver $18,100.00.
- Nicola Quattucci v. Allstate Fire & Casualty, CV 09 5027708-S. Bridgeport Superior Court (Tyma, J.) UM case brought by insured against Allstate for back injury caused by uninsured driver who cut him off and fled the scene after impact. Herniated disc with pain injections and claim for future fusion surgery at cost of $50,000.00. Case inherited from staff counsel 1 week prior to trial. Total medical bills at trial were $17,689.06, along with future medical expenses of $50,000.00 for surgery. 10% ppd assigned by neurosurgeon, Dr. Abraham Mintz. No IME. Demand was $100,000.00 policy limits, non-negotiable. Jury awarded $76,689.06 on April 15, 2011.
- Matthew Palmer v. Brian Smith, M.D., CV 08 5015707 S. Hartford Superior Court, (Robaina, J.) Plaintiff’s medical malpractice case. Defendant surgeon perforated our client’s knee joint and damaged cartilage while performing epiphysiodesis (surgery to correct leg length inequality). Although the doctor apologized for error immediately after surgery, which required second operation to repair cartilage tear, he would not consent to settlement, and argued this was an inherent risk of the procedure. No offer prior to trial. Demand $250k. After 3 week trial, jury returned plaintiff’s verdict for $300,000 on April 4, 2011.
- Christopher Bowery v. Carlos Rodriguez, CV 09 5028267 S. Bridgeport Superior Court, (Robinson, J.) (June, 2011). Hearing in damages. Plaintiff rearended on Merritt Parkway. The plaintiff had $5,876.00 in medical special damages for neck and back injuries. Demand prior to trial was $25,000. Offer was $12,000. Jury awarded medical bills, plus $500 for pain and suffering, for total award of $6,376.00.
- Vernon Jackson v. Raymond Alfisi, HHD CV 08 5020216 S. Hartford Superior Court (Stengel, J.) (April, 2012). Defense case involving rear-end collision. The plaintiff was claiming neck and back injuries. Demand was $15,000. Offer was $7,500. Jury found in favor of the plaintiff, awarding $3,000 in economic damages, $0 in non-economic damages.
- Lynn Vento v. Stanley Seligson Properties, LLC, FBT CV 11 6016894 S. Bridgeport Superior Court (Tyma, J.) (October, 2012). Plaintiff’s premises liability case involving slip and fall on snow/ice in parking lot. Our client, Ms. Vento, suffered a severe shoulder fracture involving surgery with hardware. The defense contested liability, arguing that record snow fall had occurred, and relying on records that purported to show sand/salt mixture repeatedly applied. Demand $300,000. Offer $200,000. Court trial, court found in favor of the plaintiff and awarded our client damages of $325,000 after reducing damages for 15% comparative negligence.
- Mary DiPietro v. Dennis Lumbra, HHD CV 10 6016662 S. Hartford Superior Court (Schuman, J.) (Nov., 2012). Plaintiff’s premises liability case. Our client tripped over picnic table leg at a tag sale, suffering hairline fracture of wrist. Our demand was $15,000. Offer $0. Plaintiff’s verdict in the amount of $34,192.26, reduced by 50% for comparative negligence.
- Gregoria Campos v. Robert Coleman, NNH CV 10 6009582 S. New Haven Superior Court (Zemetis, J.) (December, 2012). Plaintiff’s wrongful death case. Our client was a cyclist killed while crossing an intersection in West Haven, CT. The defense contested liability, as cyclist had stop sign and the driver did not. Our settlement demand was $2 million. Final offer by defense prior to trial was $1 million. Plaintiff’s verdict of $2.3 million, after 42% reduction for comparative negligence.
- Manuel Vasquez v. Road Services Network, FBT CV 09 5024457 S. Bridgeport Superior Court (Somers, J.) (January, 2013). Plaintiff’s case in which our client sustained injuries to his shoulder, knee and low back when a wheel assembly came off the defendants’ tractor trailer truck and struck his vehicle on Interstate 95 in Greenwich. Our settlement demand prior to trial was $250,000. Defense final offer was $125,000. The Jury found in our favor, awarding our client damages in the amount of $918,125.16.
- Emarilis Villodas v. Luis Nieves, HHD CV 10 6012837 S. Hartford Superior Court (Stengel, J.) (April, 2013). Defense case. Plaintiff alleges she was injured while sitting in parked car struck by insured. Alleging soft tissue injuries to neck, back and right knee. $10,000.00 in medical bills and 3 minor disability ratings. No offer, defending on liability as car parked in no parking zone. Defendant’s verdict, $0 damages.
- Penny Hoyt v. James Kennedy, NNH CV08 5019272 S. New Haven Superior Court (Pittman, J.) (June, 2013). Defense case. The plaintiff alleged that she was bitten on the wrist by our client’s dog, which had slipped his lead and run across the roadway toward the plaintiff, who was walking her own dog. Our client’s dog was hit by a car being driven by a third person. The plaintiff claims that she was standing near the dog to keep it from re-entering the roadway, when it lunged at her and bit her. The hospital records indicated the plaintiff was bitten while attempting to move the dog, which she denied. There were no eye witnesses. Demand was $30,000.00. Offer was $7,500.00. The jury returned a verdict in favor of the defendant, awarding the plaintiff no damages, on June 5, 2013.
- Jose Perales v. Tommy Khongdy, HHB CV 12 6014892 S. New Britain Superior Court (Young, J.) (February, 2014). Defense case, wherein we defended Mr. Khongdy at the request of his insurance company. The plaintiff claimed neck and back injuries after being struck from behind at a stop sign. The plaintiff presented life testimony from her chiropractor, Dr. Ruggerio, who assigned permanent impairment ratings. The offer prior to trial was $12,000.00. The demand was $25,000.00. The plaintiff’s attorney asked the jury to award $38,000.00. The jury returned a verdict in favor of the defendant, awarding the plaintiff no damages.
- Taiwana Williams v. Kevin Midzenski, NNH CV 12 6027831 S. New Haven Superior Court (Pitman, J.)(February, 2014). Defense case, wherein we defended Mr. Midzenski at the request of his insurance company, Allstate. The plaintiff claimed injuries to the neck, back and right shoulder. The accident involved a head-on collision, with both cars traveling in opposite directions. Each driver claimed the other crossed the center line. The plaintiff presented live testimony from an eye witness, Byron DeLoach, who said that he saw the defendant cross into the plaintiff’s lane. The demand was $35,000.00. The offer was zero, as we were defending on liability. The jury returned a verdict in favor of the defendant, awarding $0.
- James Brennan v. Roberta Irizarry, UWY CV 12 6015682 S. Waterbury Superior Court (Zemetis, J.)(May, 2014). Defense case, wherein we defended Ms. Irizarry at the request of her insurance company, Allstate. The plaintiff claimed permanent neck injuries and nerve ablation surgery as a result of an auto accident. The demand was $80,000.00. The offer was $45,000.00. The plaintiff presented live expert testimony from Dr. Peter Zilahy. The jury found the plaintiff 50% at fault for the accident, and awarded him part of his medical expenses and nothing for future disability, returning a verdict in the amount of $6,939.50.
- Kathleen Bailey v. Allstate Insurance Company, UWY CV 10 6014717 S. Waterbury Superior Court (Roraback, J.)(July, 2014). Defense case, defeing claim for uninsured motorist coverage against the defendant, Allstate. The plaintiff was a passenger in a car struck from behind by an uninsured pick-up truck. The plaintiff claimed a herniated lumbar disc, and the need for fusion surgery. The plaintiff had $7,000.00 in current medical expenses, and claimed the cost for the needed surgery was an additional $50,000.00. The plaintiff presented live expert testimony from Dr. Patrick Mastroianni and Dr. Peter DeLuca. The demand was $100,000.00. The offer was $25,000.00. The jury returned a verdict in favor of the defendant, awarding the plaintiff no damages.
- Computer Reporting Services, LLC v. Lovejoy & Associates, FBT CV 13 5029923 S. Bridgeport Superior Court (Hartmere, J.)(July, 2014). Plaintiff’s case, wherein we represented the plaintiff court reporting service, which was never paid for three depositions taken by Attorney Frederick Lovejoy in a Federal case in 2010. Plaintiff’s verdict for the full amount owed, plus costs.
- Deirde Kiniry v. Ledgebrook Condominium Association, FBT CV 15 6039205 S. Bridgeport Superior Court (Radcliffe, J.) (April 8, 2015). Our client was a cyclist who was severely injured when she was thrown from her bike while riding through a condominium complex in Norwalk, Connecticut. Liability was difficult, and we made a settlement demand of $150,000.00. The defense contested liability, and the final offer was $50,000.00. The jury, although finding our client 50% at fault for the accident, nevertheless awarded her damages in the amount of $700,000.00.
- Christy Muehlfeld v. Sarah Colarcurcio, UWY CV 16 6032074 S. Waterbury Superior Court (Roraback, J.) (April 5, 2018). The plaintiff alleged injuries stemming from an auto accident that occurred on Interstate 84 wherein her car was hit from behind and rolled down an embankment. The plaintiff incurred medical expenses in the amount of $6,201.00 and claimed future medical expenses in the amount of $50,000.00. The settlement demand was $100,000.00. When the case could not be resolved, it proceeded to trial. The jury awarded the plaintiff total damages in the amount of $13,088.00.
- Lance Forrest v. Melissa Thornburge, NNH CV 15 6058594 S. New Haven Superior Court (Wallah, J.) (October 2, 2018). Plaintiff alleged injuries in connection with a motor vehicle accident, claiming medical bills and lost wages in the amount of $79,693.89. The plaintiff also claimed that he would incur future medical expenses and lost wages in the amount of $179,249.00. The plaintiff’s settlement demand was $300,000.00. The case could not be resolved and proceeded to trial. The jury awarded the plaintiff total damages in the amount of $16,307.00.
- Richard Vichas v. Timothy Heckman, HHD CV 14 6052317 S. Hartford Superior Court (Budzik, J.) (November 8, 2018). Our client was a painter who sustained severe lead poisoning while working on the defendant’s home for several months, despite being assured the property had been tested and there was no lead paint present. Liability was difficult, and our final settlement demand was $75,000.00. The final offer by the defense was for $25,000.00. After a lengthy trial, the jury awarded our client total damages in the amount of $1,851,075.00.
- Rodney Mitchell, et al v. Michael Duhaime, NNH CV 16 6060968 S. New Haven Superior Court (Piederson, J.) (January 30, 2019). The two plaintiffs claimed injuries in connection with an ATV accident, presenting medical bills in the amount of $15,784.48 and $32,093.83, respectively. Each plaintiff demanded $100,000.00 in order to resolve the case. When the case could not resolved, the case proceeded to trial, and the jury awarded one plaintiff $5,48.27 and the other $16,019.01.
- April Amore v. Susan Bennitt, NNH CV 15 6052016 S. New Haven Superior Court (Richards, J.) (March 6, 2019). We represented the defendant, who accidentally struck the plaintiffs’ vehicle from behind in Branford, Connecticut. The plaintiff presented medical bills and lost wages in the amount of $17,951.91, and made a settlement demand of $42,000.00. The case could not be resolved and went to trial in 2019. The Jury awarded the plaintiff $1,000.00 in economic damages, and $0 non-economic damages.
- Alisha Saxon v. Kyle Wade, UWY CV 17 606177 S. Waterbury Superior Court (Brazzel-Massaro, J.) (May 1, 2019). The plaintiff alleged injuries in connection with an auto accident in which her motor vehicle was struck from behind. The plaintiff claimed medical expenses in the amount of $18,920.28 and alleged $25,000.00 in future medical treatment would be needed. The settlement demand was $100,000.00. The case could not be resolved and went to trial. The jury awarded the plaintiff total damage sin the amount of $18,920.28.
APPELLATE CASES – CONNECTICUT COURTS
- Campos v. Coleman, 319 Conn. 36 (October 16, 2015); after winning at trial on behalf of cyclist killed in West Haven, Connecticut, we pursued a claim to the Connecticut Supreme Court, arguing that the decedent’s son, who was 16 when his father died, should be entitled to damages. The Supreme Court reversed a prior decision it had issued many years before, and recognized a child’s right to parental loss of consortium for the first time in this state. We changed state law on this important issue.
- Hackling v. Casbro Construction, 67 Conn. App. 286 (Dec. 11, 2001); prevailed on behalf of the defendant in trial appeal taken by plaintiff after jury trial (trial #16 above).
- Kitmirides v. Middlesex Mutual Assurance Co., 65 Conn. App. 729 (2000); prevailed in appeal taken by plaintiff after declaratory judgment action found no insurance coverage. Although the plaintiff appealed to the Connecticut Supreme Court, that Court affirmed the Court of Appeals and found in favor of Middlesex. 260 Conn. 336 (2002).
- Mazzacane v. Elliot, 73 Conn. App. 696 (November 26, 2002); prevailed on behalf of defendant in trial appeal taken by the plaintiff (trial # 19 above).
- Stephens v. Hoerle, 39 Conn. App. 253 (1995); 235 Conn. 928 (1995); prevailed on behalf of defendant before both the Connecticut Court of Appeals and the Connecticut Supreme Court after the plaintiff’s case was dismissed by trial court for failure to comply with discovery pertaining to mental health records.
- Stanley v. Martone, 40 Conn. App. 903 (1996); prevailed on behalf of the defendant after plaintiff appealed from summary judgment ruling in premises liability case wherein trial court held plaintiff could not recover because injury took place in wholly demised premises.
- Willard v. Travelers Insurance Co., 247 Conn. 331 (1998); prevailed in insurance coverage appeal, trial court reversed on summary judgment ruling. Day, Berry & Howard settled the case on behalf of adverse party after decision published but before case went to trial.
- Rocco v. Garrison, 268 Conn. 541 (2004). After obtaining summary judgment against plaintiffs in federal court on statute of limitations defense they re-filed in state court pursuant to accidental failure of suit statute. After obtaining summary judgment against plaintiffs in state court, they appealed. Connecticut Supreme Court chose to hear the case as matter of first impression. Court reversed, holding that accidental failure of suit statute in fact covers federal cases even when service not attempted under federal rules until after the expiration of the state statute of limitations.
- Lombardi v. Cobb, 99 Conn. App. 705 (2007); although the Appellate Court ruled in favor of sustaining a remittitur granted by the trial judge, the was one dissenting opinion in favor of the appellant. The case discusses the amount of discretion to be afforded to the trial court to modify damage awards, and will be widely cited.
Federal Cases – 2nd Circuit Court of Appeals
- Shade v. Cisneros, Docket No. 00-6160 (April 30, 2001). Defended plaintiffs’ appeal of lead paint verdict tried to jury in District Court which had resulted in defendant’s verdict at trial. Plaintiffs prevail, as court finds co-defendant’s request for joint and several liability was improper. Case against defendant insured by Middlesex Mutual settled for $50,000, which was the amount of our original offer.
- Peck v. Public Service Mutual Insurance Co., Docket No. 01-9459 (April 17, 2003). Insurance coverage dispute. Prevailed in appeal taken after District Court granted summary judgment; District Court reversed and case remanded for trial. Presently still pending.
U.S. Supreme Court
- Peck v. Public Service Mutual Insurance Co., Docket No. 03-0393 (November 12, 2003). Supreme Court denies the defendant’s petition for writ of certiorari.