We are proud of our long history of successfully defending our clients in court.  Below are a number of Jury Verdicts achieved by our firm while representing defendants in Civil lawsuits. Most, if not all, of the cases summarized below were published by  "The Verdict Reporter" which includes cases from all jurisdictions from Connecticut, as well as Massachusetts and Rhode Island.  We have separated the cases outlined below by Judicial District.

Ansonia-Milford Judicial District

Bar Brawl Leads to Allegations Against Drinking Establishment

Alison Bird v. Stephanie Komski and Daniel Street Pub; Stephanie Komski v. Alison Bird and Daniel Street Pub

Case Number:  CV07-500236

Milford Superior Court

Facts:  A bar was sued by two individuals who had engaged in a physical altercation at the bar.  The defendant denied liability for the incident.  The case went before a Milford jury, who returned a defense verdict for the bar.

On January 20, 2006, Plaintiff Alison Bird entered The Daniel Street Club in Milford with a friend named Stephanie Bowers.  Just after midnight, Ms. Bowers approached the bar to order a drink and was accidentally elbowed in the chin by Defendant Stephanie Komski.  Bowers was not injured and continued to the bar.  Plaintiff saw the incident and demanded that Defendant Komski apologize.  A verbal exchange ensued.  Plaintiff was asked to leave by security staff.  As she was leaving, she turned around and threw her drink in Defendant Komski's face.  Plaintiff then struck Komski in the mouth.  Komski fell to the floor in a state of unconsciousness.  Plaintiff left the premises, but stopped outside the door to light a cigarette.  Defendant Komski regained consciousness and ran out the front door past the security guard. She then struck plaintiff in the head.  Plaintiff fell into the street and her two front teeth were knocked out of her mouth.  Plaintiff sued Defendant Komski for assault and Daniel Street Pub under the Dram Shop Act and for maintaining an unsafe premises.  Defendant Komski countersued plaintiff for assault and filed a crossclaim against Daniel Street Pub for maintaining an unsafe premises.  At the time of the trial, plaintiff and Komski had withdrawn claims against each other. The only claims tried were the claims against Defendant Daniel Street Pub.

 

Plaintiff alleged that Defendant Daniel Street Pub failed to properly train its security staff and the staff failed to act properly.

 

Defendant Komski filed a crossclaim against Defendant Daniel Street Pub, in which she alleged that the bar failed to train its security staff and the staff failed to properly react to the assault.  Defendant Daniel Street Pub denied liability and causation.  The bar contended that both women were responsible for their own actions and the bar's staff acted properly in trying to separate the women.  Defendant Daniel Street Pub produced a videotape of the incident filmed by its security cameras.  Plaintiff dropped her dram shop claim.  The negligent security claim was the only claim to go to trial.

Plaintiff Profile:  Plaintiff Bird was a 30-year-old single female who was a purchasing agent.  Third-Party Plaintiff Komski was a 29-year-old single female who was employed as an advertising executive.

Alleged Injury:  Plaintiff Bird sustained a deviated septum and the loss of two front teeth, requiring dental implants.  She claimed specials of $41,989 for past and future medical treatment and $983 in lost wages.  Third-Party Plaintiff Komski sustained bruises and abrasions with a small scar on her face.  She claimed $989 in past medical specials, plus an unspecified sum for future scar revision.

 

Settlement Efforts:  Last Demand:  $125,000 (Bird); $15,000 (Komski); Last Offer:  None


Judge:  Dale W. Radcliffe

Date of Verdict:  12/5/2008

Plaintiff's Attorneys:  Mark Dumas, Pamela L. Cameron and Benjamin Blake

Defendant's Attorney:  Jan C. Trendowski, Centerbrook


Jury Deliberations:  1 hour


Verdict:  Defense Verdict

   

Danbury Judicial District

 

Geraldo DaSilva vs. Ives St. Corp.

Case Number:  CV09-6001534

Danbury Superior Court


Facts:  On January 1, 2009, the plaintiff, Geraldo DaSilva, was at a New Year's party at the Tuxedo Junction Cafe in Danbury when he claimed to have slipped on a liquid spilled on the dance floor.   The defendant denied that the incident occurred or that the plaintiff was in the establishment at the time he claimed.


Plaintiff Profile:  The Plaintiff was a 24-year-old carpenter, single Dad, with a two-year-old daughter.


Alleged Injury:  The Plaintiff claimed a left ankle bimalleolar fracture requiring open reduction and internal fixation with $26,695 unpaid medicals.


Settlement Efforts:  Demand:  $125,000; Offer:  None


Judge:  Michael G. Maronich


Date of Verdict:  4/6/2011

Plaintiff's Attorney:  Christopher J. Flood, Danbury

Defendant's Attorney:  Jan C. Trendowski, Centerbrook


Jury Deliberations:  50 minutes


Verdict:  Defense Verdict

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Bartender's Testimony Influences Dram Shop Verdict

Jennifer Burke vs. Aura Showah d/b/a Widow Brown's Cafe

Case Number: CV 06 5001540

Danbury Superior Court 

Facts:  A 33 year old woman filed a dram shop claim against a business owner after she was involved in a motor vehicle collision with a patron who had just exited the cafe's parking lot.  A Danbury jury deliberated one hour before returning a defense verdict.  Reportedly, testimony from defendant's bartender regarding the level of intoxication of the patron involved in the accident influenced the jury's decision in this case.

On Sunday, September 25, 2005, Eugene S. Williams entered Defendant Aura Showah's restaurant, Widow Brown's Cafe.  Mr. William testified that he had four or five drinks at Widow Brown's Cafe, but the bartender claimed she only served him one drink.  Mr. Williams became argumentative and the bartender reportedly took the drink away from him.  Mr. Williams left the business and, after exiting the parking lot onto Federal Road, he was involved in an automobile collision with Plaintiff Jennifer Burke.  Results of blood alcohol content tests (BAC) taken two hours later were .272 and .279.

Plaintiff alleged defendant's establishment served an already intoxicated man and defendant was  responsible for her injuries.  Plaintiff claimed she suffered cervical and lumbar strains and had a disc bulge at L5-S1 as a direct result of the accident.  Plaintiff claimed she was assigned a 7% cervical disability rating and a 10% lumbar disability rating.  Plaintiff's expert toxicologist testified that Mr. Williams would have had a .302 BAC and clearly intoxicated at the time he was served by defendant's bartender.

Defendant contended Mr. Williams exhibited no signs of intoxication at the time he was served.   Defendant's bartender testified that Mr. Williams did not appear to be intoxicated at the time he was served. 

Plaintiff Profile:  The Plaintiff was a 33 year old married female employed in marketing. 

Alleged Injury:  Cervical and lumbar strain and a bulging disc at L5-S1.  Plaintiff was assigned a 7% cervical disability rating and a 10% lumbar disability rating.  She claimed $10,497 in past medicals, $15,000 in lost wages and $8,000 in future medicals.

Plaintiff's Experts:  Ralph Santora, D.C., Chiropractor, Bridgeport, CT; Marc J. Bayer, M.D., Toxicologist, Avon, CT. 

Settlement Efforts:  The original demand of $250,000 representing the Dram Shop Act limit was reduced to $150,000 during jury selection; last offer:  $1,500. 

Judge:  Deborah Kochiss Frankel

Date of Verdict: 6/01/2007
Plaintiff's Attorneys:  Colleen D. Fries, Stratford, and James E. Coyne, Stratford
Defendant's Attorney:  Jan C. Trendowski, Centerbrook 

Jury Deliberations:  1 hour

Verdict:  Defense Verdict 

Editor’s Note:  Per defendant's counsel, the bartender's testimony regarding visible intoxication was the key to the case.  The alleged intoxicated driver, Eugene Williams, was sued separately and settled out prior to trial. The case was not appealed.

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Club Not Liable For Patron’s Injuries
Tiffany Vail vs. Ives Street Corporation

Case Number: CV04-4000946
Danbury Superior Court

Facts:  On April, 26, 2003, the plaintiff, Tiffany Vail, was a patron at the defendant’s night club. The plaintiff claimed she was forcibly removed from the premises by the defendant’s security and physically ejected, causing her to fall and sustain injuries.  The defendant argued that the plaintiff was violent and intoxicated. The defendant further argued that the plaintiff fell due to her intoxicated state after being escorted to the front door. 

Plaintiff Profile:  The plaintiff was a 26 year old homemaker.

Alleged Injury:  The plaintiff claimed aggravations of pre-existing cervical and lumbar injuries requiring surgery to repair existing surgical hardware in the neck and back. Medical specials were $80,000 incurred at the time of trial with $150,000 in future specials for lumbar surgery. Cervical surgery had been completed at time of trial.

Settlement Efforts:  Last Demand: $850,000 Last Offer: None

Judge:  Deborah Frankel

Date of Verdict: 7/6/2006
Plaintiff’s Attorney(s):  Philip Spillane, Newtown
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook
 
Jury Deliberation:  5 hours
 
Verdict:  Defense Verdict

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Homeowners Not Responsible for Painter’s Fall Off Deck
Frederick Witte vs. William Murphy and Edna Murphy
Case Number: CV03-0350822
Danbury Superior Court

Facts:  A painter who fell off the deck of a house and allegedly suffered multiple injuries claimed negligence by the defendant homeowners. However, after only 45 minutes of deliberation, a Danbury jury returned a defense verdict for the homeowners. Plaintiff Frederick Witte was hired by Defendants William and Edna Murphy to clean and paint the deck attached to their home. While powerwashing the deck, plaintiff fell off the deck to the ground approximately 23' below. Plaintiff alleged that defendants had negligently maintained the deck and that the deck constituted a nuisance. Plaintiff further alleged that defendants did not have a building permit for the deck. Plaintiff claimed to have suffered a fractured right clavicle and hip, fractured ribs, a punctured lung and soft tissue injuries to his shoulder, neck, low back and ankle, resulting in permanent impairment.

Defendants denied liability. Defendants contended that the deck was already attached to the house when they bought it and that plaintiff was hired to maintain it for them. Defendants further contended that plaintiff’s explanation of how he fell did not make sense and that some of plaintiff’s problems were pre-existing.

Plaintiff Profile:  Plaintiff was a 50 year old single white male employed as a painter. 

Alleged Injury:  Fractured right clavicle, hip and ribs and punctured lung. Secondary soft tissue injuries to shoulder, neck, low back and ankle. Plaintiff was assigned permanency ratings of 7% to the hip, 5% to the shoulder and 5% to the lower back. He claimed $17,478 in past medical specials and $16,791 in past wage loss. 

Plaintiff Experts:  Manoni, Ronald G., D.C.;  Deveney, Robert T., M.D.;  Skolnick, Matthew D., M.D.;  Blick, Gary, M.D.

Defendant Experts:  Lord, Jason M., D.C.

Settlement Efforts:  Last Demand: $68,500 (judicial pretrial recommendation)
Last Offer: $50,000

Judge:  Michael E. Shay

Date of Verdict: 4/18/2005
Plaintiff’s Attorney(s):  James Wu, Danbury
Defendant’s Attorney(s):  Gregory A. Allen, Centerbrook
 
Jury Deliberations:  45 minutes

Verdict:  Defense verdict

Editor’s Note:  A motion to set aside judgment was denied and the case is closed.

Fairfield Judicial District

Jury Finds Plaintiff More Than 50% Comparatively Negligent and Awards Nothing.

John Shuler v. Angela Costa, Maria Perieza, Sixx, LLC

Case No. CV08-5024350-S

Bridgeport Superior Court

Facts:  A premises liability suit was brought after a 39-year-old car salesman was injured in a fall from a stage at a dance club.  Plaintiff alleged soft tissue injuries as a result of his fall.  Defendants contended that plaintiff simply failed to look where he was going when he walked backwards off the stage.  A Bridgeport jury found plaintiff more than 50% comparatively negligent and awarded him nothing.

Plaintiff John Shuler was a patron at Defendant Club Sixx in Bridgeport on January 11, 2008.  The establishment was a dance club that played hip hop, reggae and top 40 music.  While dancing, plaintiff was reportedly injured when he was forced off the stage when approached by security.  The nightclub was owned and operated by Defendants Angela Costa and Maria Perieza.

Plaintiff alleged defendants' security was improperly trained and inadequate.  Plaintiff claimed soft tissue injuries to his shoulder and right index finger.

Defendants denied liability for plaintiff's fall.  Defendants contended that plaintiff was negligent because he walked backward off the stage without keeping a proper lookout.

Plaintiff's Profile:  Plaintiff was a 39-year-old male who was a salesman.

Alleged Injury:  Soft tissue injuries to the shoulder and right index finger with a 10% permanent partial disability to the right finger and right shoulder.  Plaintiff claimed $7,710 in medicals.

Settlement Efforts:  Last Demand:  $55,000; Last Offer:  $1,800

Judge:  Edward F. Stodolink

Date of Verdict:  June 3, 2010
Plaintiff's Attorney:  Jonathan Perkins, Woodbridge
Defendants' Attorney:  Jan C. Trendowski, Centerbrook

Jury Deliberations:  2.5 hours

Verdict:  Defense Verdict
_______________________________________________________________________________

Security Claims of Injured Night Club Patron Rejected by Jury

Mary Pappas v. Gasoline Night Club, et al.

Case Number:  CV07-5003454

Bridgeport Superior Court


Facts:  A premises liability suit was brought after a 38-year-old human resources manager suffered facial scarring when she was injured during a fight at a night club.  Plaintiff alleged defendant's security was inadequate.  A Fairfield Judicial District jury deliberated for an hour before finding in favor of the defendant.


Plaintiff Mary Pappas was standing in Defendant Gasoline Night Club when a large fight erupted.  Plaintiff was struck on the forehead with a broken bottle.


Plaintiff alleged that defendant's security on the premises was understaffed and untrained.  She claimed visible scarring on her forehead three years after the incident.


Defendant denied plaintiff's allegations and contended that security was entirely comprised of off-duty police officers and corrections officers who were well trained. Defendant also claimed the staffing level was more than adequate.


Plaintiff Profile:  Plaintiff was a 38-year-old single female who worked in human resources.


Alleged Injury:  Facial laceration resulting in mild, but visible, permanent scarring.  Plaintiff claimed $7,307 in past medicals.


Settlement Efforts:  Last Demand:  $100,000; Last Offer:  $2,000


Judge:  Taggart D. Adams

Date of Verdict:  2/27/2009

Plaintiff's Attorney:  Khalid M. Ali

Defendant's Attorney:  Jan C. Trendowski, Centerbrook


Jury Deliberations:  1 hour


Verdict:  Defense Verdict


Editor's Notes:  Per defense counsel, plaintiff submitted no evidence of industry standards for training or staffing. 

 

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Dram Shop Liability - Restaurant - Patron Assaulted

Corey Cannone v. Edward Chittenden, Inc., et al

Case Number: CV97-0342985s

Bridgeport Superior Court 

  

Facts:  Plaintiff was in the parking lot of Defendant Sidetrack’s restaurant in Fairfield when he was knifed by an allegedly intoxicated patron. Immediately prior to the incident the perpetrator had consumed several shots and beers at defendant's restaurant. Plaintiff alleged that: (1) the perpetrator was intoxicated; (2) defendant was negligent in serving a patron who is visibly intoxicated; and (3) the perpetrator was acting out of character prior to the incident and assaulted him without warning. Defendant contended that the perpetrator did not consume sufficient alcohol on the premises to be intoxicated. 

Plaintiff's Profile:  Plaintiff was a 23 year old single white male who was employed as a car detailer.
 
Alleged Injury:  Injury to right (dominant) hand with residual scarring resulting in 10% permanent partial disability of right hand. Plaintiff claimed $750 in medical specials.

Settlement Efforts:  Last Demand: $15,000 Last Offer: $ 2,500

Judge:  Myron R. Ballen

Date of Verdict: 6/99
Plaintiff’s Attorney(s):  Paul C. Gusmano, Bridgeport
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  25 minutes

Verdict:  Defense Verdict
 
Hartford Judicial District

Verdict for the Defendant after Recent Clarification of Visible Intoxication Standard for Liability under the Dram Act

Miqueas Cunha vs. James Derienzo, Jr.D/B/A Sin City

Case Number:  C09-4044940

Hartford Superior Court


Facts:  The plaintiff was a passenger in a vehicle operated by the alleged intoxicated person, Anisio Guidine on I-84 in Plainville, CT at roughly 2:00 a.m. on August 9, 2008.  Said vehicle went out of control and hit a highway divider, resulting in the death of Anisio Guidine and injuries to the plaintiff.  The vehicle was a Nissan 350ZX traveling at 140 miles per hour.  The autopsy revealed that Mr. Guidine had a blood alcohol level of .14 at the time of death.


Plaintiff Profile:  Plaintiff is a 27-year-old single male in the construction and remodeling business.


Alleged Injuries:  Plaintiff sustained a closed head inijury, bilateral mandibulofacial fractures requiring open reduction and internal fixation, fractured nose and facial scarring, complex tear of the medial meniscus and ACL in the left knee.  Past medicals were $62,614.58 with $30,000 in future surgery.  Plaintiff was assessed with a 28% PPD of the left knee.


Plaintiff's Experts:  James O'Brien, Toxicologist; Dr. Kevin Shea, Orthopedist


Defendant's Expert:  Joel Milzoff, Toxicologist, Glastonbury


Settlement Efforts:  Last Demand:  $250,000; Last Offer:  None


Judge:  Robert F. Stengel


Date of Verdict:  May 25, 2011

Plaintiff's Attorney:  Georgia Sullivan Polinsky, Hartford

Defendant's Attorney:  Jan C. Trendowski, Centerbrook


Jury Deliberations:  4.5 hours


Verdict:  Unanimous Verdict for the Defense.


Note:  Although there was evidence the allegedly intoxicated person, Guidine, was served when he entered Sin City and was intoxicated while there, there was no clear evidence that he was served after becoming visibly intoxicated.  He had drank whiskey in the parking lot before entering, and the toxicological analysis concluded that he did not have any drinks after his first round.

_____________________________________


Arrone v. Antonio

Case Number: CV065004878S

Hartford Superior Court

Facts:  On September 24, 2005, at approximately 2:31 a.m., Stefanie Ayasse was a passenger in an open Jeep Wrangler traveling west on County Road in Simsbury, CT.  The driver of the vehicle, Nick Johnson, turned left and the plaintiff was ejected from the vehicle as she was not wearing a seat belt.  By witness descriptions, the plaintiff was highly intoxicated.  The plaintiff was removed from the scene by Life star.  Although the driver stated he was not intoxicated, he had BAC readings of .129 and .119.  The driver plead guilty to DUI.  The case against the driver was settled, and the sole claims were reckless service of alcohol and a statutory dram shop claim as against the defendant Hoops and  Hops of Simsbury.

Plaintiff Profile:  Plaintiff was a 24-year-old woman.

Alleged Injuries:  Closed head injury with skull fracture, subdural hematoma, epidural hematoma, and lacrimonial dysfunction of the left eye.  Plaintiff spent three weeks in intensive care and two weeks at a rehab facility.  At the time of trial, plaintiff claimed cognitive deficits, a hearing loss, and impaired vision.  Medicals at the time of trial were $113,824.

Plaintiff's Experts:  Dr. Mitchell Sauerhoff, Toxicologist; Amy Vercillo, Rehabilitation and Re-employment Expert

Defendant's Expert:  Dr. Charles A. McKay, Jr., Toxicologist.

Judge:   A. Susan Peck

Plaintiff’s Attorney(s):  David Hill, Halloran & Sage, LLP, Hartford

Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  4 days

Disposition:  The case was withdrawn on April 13, 2011 after a hung jury 5-1 in the Defendant's favor.  No payment was made.

Note:  According to the jurors after they were dismissed, five were adamantly in the Defendant's favor with one holdout who insisted that a person was intoxicated for driving purposes after a single drink.

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Thomas Marzano v. Pigs Eye Pub

Case Number:  CV07-5014737S

Hartford Superior Court


Facts:  Plaintiff Thomas Marzano and his sister were having a heated argument at Pigs Eye Pub on March 17, 2007.  They were approached by security personnel and a scuffle ensued, during which plaintiff fell to the floor.  He suffered a knee injury in the fall.  During this altercation, the Plaintiff's sister jumped onto the back of the security employee.


Marzano alleged that the security employee used unreasonable force and he suffered a significant knee injury as a result of the employee's actions.  The plaintiff and his sister both denied they had ever been approached by security personnel prior to the employee attempting to escort plaintiff from the premises.


The defendant contended that plaintiff and his sister continued their heated argument after they had been asked by security personnel to stop. The bar asserted that security approached them a second time after the plaintiff was seen choking his sister.  (Marzano and his sister denied there was any physical contact between them.)  The security employee claimed he wrapped his arms around Marzano and began walking him toward the front door and that the plaintiff fell only after his sister jumped on the employee's back.  The defendant contended that the security employee used reasonable force to escort plaintiff toward the door and had a reasonable belief that the sister was in danger.  A jury sided with the bar and entered a defense verdict.


Plaintiff Profile:


Alleged Injury:  The plaintiff suffered lateral meniscus and anterior cruciate ligament tears necessitating surgery.  Plaintiff was unable to play sports like he used to due to pain and loss of strength.  He claimed $23,314 in past medicals and $11,442 in past lost wages.


Settlement Efforts:  Last Demand:  $50,000; Last Offer:  $10,000.


Judge:  Michael R. Sheldon

Date of Verdict:  2/19/2010

Plaintiff's Attorneys:  John J. Houlihan, Jr., Hartford

Defendant's Attorney:  Gregory A. Allen, Centerbrook


Jury Deliberations:


Verdict:  Defense Verdict

________________________________


Pedestrians Struck by Vehicle Are Found 49% Comparatively Negligent

Jo Broder and Jamie Broder v. Charles Burt and Donald Burt

Case Number: CV00-0803041

Hartford Superior Court

Facts: A mother and daughter who were injured when they were struck by a vehicle were found 49% comparatively negligent by a Hartford Jury. On June 2, 1999, plaintiff pedestrians, Jo Broder, a 61 year old female, and her daughter Jamie Broder, age 31, were walking in a marked crosswalk on North Main Street in West Hartford. They were struck by a vehicle driven by Defendant Charles Burt and owned by Defendant Ronald Burt. The accident occurred at dusk. Plaintiff had prior and subsequent accidents. Plaintiffs alleged that they were in a marked crosswalk and crossing with the “walk” signal when they were struck. Both plaintiffs claimed to have suffered soft tissue injuries with permanencies. Defendants contended that Charles was driving at 10 mph and had a green light, but the plaintiffs ran into his path. The jury awarded $251,259 to Jo Broder, which was reduced to $128,142 Jamie Broder’s award of $50,625 was reduced to $25,819.
 
Plaintiff Profile:  Plaintiff Jo was a 61 year old married female who was a real estate broker.  Plaintiff Jamie was a 31 year old single female who worked in media advertising.

Alleged Injury:  Jo - soft tissue right knee (10% ppd), right shoulder (7% ppd) and neck (5% ppd injuries, temporomandibular joint dysfunction (TMJ) and a 15% whole person impairment. She claimed past medical expenses of $34,324, future medical expenses of $20,500 and lost wages of $100,000. Jamie - soft tissue back and right knee injuries. She claimed $15,372 in past medical expenses and no lost wages.

Plaintiff's Experts:  John Rosenlieb, D.M.D. Dentist - West Hartford, CT; David S. Silvers, M.D. Neurologist - Hartford, CT; Ronald J. Trapana, M.D. Orthopedist - Hollywood, FL; John J. O’Brien, M.D. Orthopedist - Hartford, CT

Settlement Efforts:  Last Demand $250,000 (Jo); $90,000 (Jamie)
Last Offer: $82,000 (Jo); $60,000 (Jamie)

Judge:  Marshall K. Berger, Jr.

Date of Verdict: 12/13/2002
Plaintiff’s Attorney(s):  Alan J. Rome, W. Hartford
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  7 hours

Verdict: $301,884 less 49% comparative negligence for a new verdict of $153,961. Breakdown: $251,259 to Jo Broder ($51,259 in economic damages; $200,000 in non-economic damages) and $50,625 to Jamie Broder ($15,375 in economic damages; $35,250 in non-economic damages).

Editor's Note:  Plaintiff’s motion to set aside verdict was denied.

 ______________________________________________________________________________

Pedestrians Struck by Vehicle Are Found 49% Comparatively Negligent

Jo Broder and Jamie Broder v. Charles Burt and Donald Burt

Case Number: CV00-0803041

Hartford Superior Court

Facts:  A mother and daughter who were injured when they were struck by a vehicle were found 49% comparatively negligent by a Hartford Jury. On June 2, 1999, plaintiff pedestrians, Jo Broder, a 61 year old female, and her daughter Jamie Broder, age 31, were walking in a marked crosswalk on North Main Street in West Hartford. They were struck by a vehicle driven by Defendant Charles Burt and owned by Defendant Ronald Burt. The accident occurred at dusk. Plaintiff had prior and subsequent accidents. Plaintiffs alleged that they were in a marked crosswalk and crossing with the “walk” signal when they were struck. Both plaintiffs claimed to have suffered soft tissue injuries with permanencies. Defendants contended that Charles was driving at 10 mph and had a green light, but the plaintiffs ran into his path. The jury awarded $251,259 to Jo Broder, which was reduced to $128,142 Jamie Broder’s award of $50,625 was reduced to $25,819.
 
Plaintiff Profile:  Plaintiff Jo was a 61 year old married female who was a real estate broker.  Plaintiff Jamie was a 31 year old single female who worked in media advertising.

Alleged Injury:  Jo - soft tissue right knee (10% ppd), right shoulder (7% ppd) and neck (5% ppd injuries, temporomandibular joint dysfunction (TMJ) and a 15% whole person impairment. She claimed past medical expenses of $34,324, future medical expenses of $20,500 and lost wages of $100,000. Jamie - soft tissue back and right knee injuries. She claimed $15,372 in past medical expenses and no lost wages.

Plaintiff's Experts:  John Rosenlieb, D.M.D. Dentist - West Hartford, CT; David S. Silvers, M.D. Neurologist - Hartford, CT; Ronald J. Trapana, M.D. Orthopedist - Hollywood, FL; John J. O’Brien, M.D. Orthopedist - Hartford, CT

Settlement Efforts:  Last Demand $250,000 (Jo); $90,000 (Jamie)
Last Offer: $82,000 (Jo); $60,000 (Jamie)

Judge:  Marshall K. Berger, Jr.

Date of Verdict: 12/13/2002
Plaintiff’s Attorney(s):  Alan J. Rome, W. Hartford
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  7 hours

Verdict:  $301,884 less 49% comparative negligence for a new verdict of $153,961. Breakdown: $251,259 to Jo Broder ($51,259 in economic damages; $200,000 in non-economic damages) and $50,625 to Jamie Broder ($15,375 in economic damages; $35,250 in non-economic damages).

Editor's Note:  Plaintiff’s motion to set aside verdict was denied.

 _______________________________________________________________________________

           
Auto Accident - Turning - Right-of-Way
Randy Guadauskos v. Margaret Moniz

Case Number: CV92-0518894
Hartford Superior Court

Facts:  Plaintiff and defendant were traveling in opposite directions. Defendant made a left turn into the path of plaintiff’s oncoming vehicle, resulting in a collision between the front portion of plaintiff’s auto and rear-end of defendant’s vehicle. Plaintiff had a pre-existing tachycardiac condition which had been under control prior to the accident. Two months after this collision, plaintiff had to be hospitalized for tachycardia.  Plaintiff alleged that defendant was negligent in failing to yield the right-of-way and that he suffered a heart contusion in the collision which aggravated his pre-existing tachycardiac condition, requiring hospitalization.  Defendant contended that plaintiff was comparatively negligent in failing to keep a proper lookout and in failing to avoid a collision.
 
Plaintiff Profile:  Plaintiff was a single white male in his 20's, employed as an accountant.

Alleged Injury:  Heart contusion resulting in aggravation of pre-existing tachycardiac condition, requiring hospitalization and permanent increase in medications. Plaintiff claimed $24,000 in medical specials.
 

Plaintiff's Experts:  Michael A. Rossi, M.D. - Cardiovascular Disease - Hartford, CT; Thomas B. Graboys, M.D. - Cardiovascular Disease - Brookline, MA

Defendant's Expert:  Arthur V. McDowell, M.D. - Cardiovascular Disease - Middletown, CT

Settlement Efforts:  Last Demand: $175,000 Last Offer: $60,001

Judge:  Norris L. O’Neill

Date of Verdict: 2/16/96
Plaintiff’s Attorney(s):  Francis C. Vignati, Jr., East Hartford
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  4 hours

Verdict:  $87,000 less 30% comparative negligence yielded a net verdict of $60,900.

Middlesex Judicial District

VFW Found Not Liable for Underage Drinker’s Death

Debra Shafer, Adm. vs. Frederick Sullivan, et al
Case Number: X04 CV04 4000817

Middletown Superior Court 

Facts: A high speed police pursuit resulted in the death of a 20 year old man. The young man’s estate claimed decedent’s consumption of alcohol at a Halloween party sponsored by the Veterans of Foreign Wars (VFW) post caused his death. The VFW denied liability and argued that decedent’s own negligence caused the tragic events. A Middlesex jury returned a defense verdict after 6 hours of deliberation. Plaintiff, Debra Shafer, was the Administratrix of the Estate of Andrew Shafer, a minor. Andrew Shafer was involved in a motor vehicle accident while attempting to flee from a police vehicle. He died as a result of his accident injuries. Plaintiff had been at a Halloween party at Defendant Frederick Sullivan Post VFW. Decedent had a blood alcohol content of .14 at his time of death. Defendant admitted plaintiff’s decedent was at the party, but claimed decedent consumed alcohol prior to entering its premises. Defendant contended decedent brought his own beer to the party.  Defendant further argued that decedent was negligent in operating his vehicle with a bent axle and failing to stop for the police. Defendant maintained the plaintiff’s decedent contributed to his death by operating a vehicle under the influence of alcohol and engaging in a high speed pursuit with law enforcement officials.

Plaintiff Profile: Plaintiff’s decedent was a 20 year old single male employed as an auto service manager.

Alleged Injury:  Blunt force trauma resulting in death. Decedent’s annual income at the time of death was $17,000. He was survived by his mother.

Settlement Efforts:  Last Demand: $2,000,000 ; Last Offer: $20,000

Judge:  Julia L. Aurigemma

Date of Verdict: 6/12/2006
Plaintiff’s Attorney(s):  Brian W. Prucker, Vernon
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberation:  6 hours

Verdict:  Defense Verdict

New Britain Judicial District

Auto/Motorcycle Accident - Intersection - Stop Sign 

Richard Luther v. Eugene Tillay

Case Number: CV99-0495012

New Britain Superior Court

Facts:  Plaintiff motorcyclist and defendant motorist were operating their respective vehicles on intersecting streets. Defendant proceeded into an intersection from a stop sign and struck plaintiff motorcyclist, who did not have a stop sign.  Plaintiff alleged that: (1) defendant failed to yield the right-of-way; (2) defendant’s view was not obstructed; and (3) he had a mild traumatic brain injury with permanent impairments as a direct result of this accident.  Defendant contended that plaintiff was contributorily negligent in that he had been drinking prior to the accident. Defendant also contended that plaintiff had multiple prior head injuries and chronic substance abuse problems.

Plaintiff Profile:  Plaintiff was a 38 year old single male who was a construction worker.

Alleged Injury:  Primary injuries consisted of mild traumatic brain injury with permanent impairments to memory, concentration and executive functions, headaches and a 5% whole body impairment. Secondary injuries consisted of soft tissue neck injury consisting of a 5% impairment of the cervical spine. Plaintiff claimed $9,517 in past medicals, $4,160 in future medicals.  He was disabled from working due to unrelated reasons.

Plaintiff's Witnesses:  Kenneth W. Gilstein, Ph.D. - Neuropsychologist - Guilford CT

Settlement Efforts: Last Demand: $80,000 ; Last Offer: $50,000

Judge:  Barbara M. Quinn

Date of Verdict: 2/27/02
Plaintiff’s Attorney(s):  Mark Migliaccio, Hartford
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  4 hours

Verdict:  $12,617. Breakdown: $3,000 for pain and suffering and $9,617 for past medical expenses.

Editor’s Note:  Per defense counsel, plaintiff’s prior medical history had an impact on the outcome. 

________________________________________________________________________________

                   

                                

Premises Liability - Falldown - Husband Sues Wife

Louis Raffanello v. Jean Raffanello
Case Number: CV99-0493422

New Britain Superior Court

Facts: Plaintiff Louis slipped and fell on ice at his residence. The property was owned by plaintiff’s wife, Defendant Jean. Plaintiff alleged that: (1) defendant failed to maintain the property; (2) defendant owed a duty to the plaintiff as an invitee; and (3) plaintiff gave monthly payments to defendant wife for room and board, making him a tenant of the property. Defendant contended that the monthly payments were contributions to the household, not rent, and plaintiff had joint control of the premises.

Plaintiff Profile:  Plaintiff was a 76 year old married male who was retired.

Alleged Injury:  Primary injury consisted of cervical cord compression in neck requiring discectomy and fusion which resulted in a 30% permanent partial disability of the neck. Secondary injury consisted of neurological injury resulting in incontinence and a 20% permanent partial disability. Plaintiff claimed $61,789 in medical specials.

Settlement Efforts:  Last Demand: $120,000 ; Last Offer: $10,000

Judge:  James T. Graham

Date of Verdict: 3/22/01
Plaintiff’s Attorney(s):  Gary D. Constant, Bristol
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook
 
Jury Deliberations: 25 minutes  
    

Verdict:  Defense Verdict

Editor’s Note:  Per defense counsel, plaintiff was not credible on the room and board issue.

New Haven Judicial District 

Case Caption:  Danielle Consiglio v. Hula's New Haven

Case Number:  CV07-5009914

New Haven Superior Court

Facts:  A premises liability suit was brought after a 38-year- old woman was injured while visiting defendant nightclub.  Plaintiff alleged injuries to her neck and shoulder after a piece of decor fell and hit the left side of her body.  Defendant contested the extent of plaintiff's injury and denied any negligence.  Plaintiff was awarded $4,957.


Plaintiff Danielle Consiglio was a patron at Defendant Hula's nightclub in New Haven.  She was struck in the head and left side of her neck/shoulder by a surfboard that fell from the wall.


Plaintiff alleged that defendant's premises were unsafe.  She claimed the surfboard was improperly mounted and defendant negligently failed to inspect the decor.  Plaintiff also claimed she did not have to prove negligence as the defect was provable via res ipsa loquitur.  Plaintiff claimed a cervical disc lesion and sprain with post-traumatic vertigo and 8th nerve dysfunction.


Defendant denied plaintiff's allegations and contended that plaintiff's injuries were exaggerated. Defendant also denied having knowledge of any defective condition.

Plaintiff Profile:  Plaintiff was a 38-year-old married female who was an artist and nightclub manager. 

Alleged Injury:  Cervical disc lesion and sprain with post-traumatic vertigo and 8th nerve dysfunction, as well as a disc bulge at C6-C7.  Plaintiff also claimed decreased hearing in her left ear.  She claimed permanent cervical disability of 5% to 7.5% due to vertigo. She claimed $27,823 in past medicals.


Settlement Efforts:  Last Demand:  $180,000; Last Offer:  None.


Judge:  Howard A. Zoarski

Date of Verdict:  8/19/2009

Plaintiff's Attorney(s):  Timothy Lee, New Haven

Defendant's Attorney(s):  Jan C. Trendowski, Centerbrook


Jury Deliberations:  2.5 hours


Insurance Carrier:  Indemnity Insurance Corporation of DC


Verdict:  $4,957 for plaintiff's initial ER examination and testing.  No pain and suffering was awarded.

_____________________________________________________________________________

Case Caption:  Antonio Teixiera v. Tania Leuko-Anderson and Mad River Restaurant and Pub

Case Number:  CV06-5001104

Waterbury Superior Court

Facts:  A suit for personal injuries was brought by a driver who was injured in a head-on collision. The lawsuit included claims of negligence and dram shop allegations. The case was heard by a New Haven jury who found in favor of defendants after deliberating about an hour.


Plaintiff Antonio Teixiera was driving his vehicle in Wolcott on March 25, 2005.  He was struck head-on by a vehicle driven by Defendant Tania Leuko-Anderson.  Police later concluded that Defendant Leuko-Anderson had been at Defendant Mad River Restaurant and Pub in Wolcott prior to the accident and was intoxicated at the time of the collision.


Plaintiff alleged the Defendant Mad River served alcohol to Defendant Leuko-Anderson while she was visibly intoxicated, which resulted in the collision. Plaintiff claimed cervical strain with severe, debilitating headaches which caused him to leave his employment as a pathologist.


Defendant denied plaintiff's allegations.  Defendant Leuko-Anderson contended she had not been at the Mad River Pub during the evening.  Defendant driver reportedly had little recollection of the evening.  Defendant bar owners were adamant that Leuko-Anderson was not in the pub, although the plaintiff had an eyewitness who claimed she saw Leuko-Anderson in the pub minutes prior to the collision.

Plaintiff Profile:  Plaintiff was a 40-year-old single male who was a pathologist.

Alleged Injury:  Cervical strain with severe, debilitating headaches.  Plaintiff claimed he left his employment as a pathologist as a result of his injury.  Plaintiff sought $20,000 in past medicals, $137,000 in past lost wages and $1,600,000 in future lost wages.

Plaintiff's Expert:  Gary M. Crakes, Ph.D., Economist, Cheshire, CT

                                      

Settlement Efforts:  Last Demand:  $250,000; Last Offer:  $5,000


Judge:  Robert J. Brunetti

Date of Verdict:  5/7/2009 

Plaintiff's Attorney(s):  Neil W. Sutton, Bridgeport

Defendant's Attorney(s):  Jan C. Trendowski, Centerbrook


Jury Deliberations:  1 hour


Verdict:  Defense Verdict

____________________________________________________________________________

Case Caption:  Anthony Criscuolo v. Post Road Entertainment d/b/a Hula Hanks New Haven

Case Number:  CV08-5017284

New Haven Superior Court

Facts:  A premises liability suit was brought after a 64-year-old man fell during a charity event at defendant's facility.  Plaintiff alleged he was injured due to dangerous conditions that existed at the establishment.  Defendant denied any wrongdoing.  A New Haven jury deliberated for 2 hours and found in favor of defendant.


On February 10, 2005, Plaintiff Anthony Criscuolo attended a charity event at Defendant Post Road Entertainment d/b/a Hula Hanks New Haven.  Beer was being sold from tubs located on the dance floor.  During the event, plaintiff slipped and fell on the dance floor.  Plaintiff alleged there was debris from beer bottles which defendant failed to clean in a reasonable manner.  Plaintiff alleged he suffered soft tissue injuries to his shoulder, right hip, right elbow and back.  His injuries required physical therapy and cortisone.


Defendant contended that it employed four barbacks, two of whom were expressly instructed to clean spills and debris during the evening.  Other employees, including two more barbacks and 20 officers, also assisted.

Plaintiff Profile:  Plaintiff was a 64-year-old married male who was retired.


Alleged Injury:  Soft tissue injuries to the right shoulder, right hip, right elbow and lower back.  Plaintiff required cortisone injections and physical therapy.  He claimed $10,000 in past medicals.


Plaintiff's Expert:  Richard Diana, M.D., Orthopedic Surgeon, Hamden, CT


Settlement Efforts:  Last Demand:  $80,000; Last Offer:  $9,000


Judge:  Terrence Zemetis

Date of Verdict:  12/18/10 

Plaintiff's Attorney(s):  Edward L. Walsh, New Haven

Defendant's Attorney(s):  Jan C. Trendowski, Centerbrook


Jury Deliberations:  2 hours


Verdict:  Defense Verdict


Editor's Note:  Per defense counsel, plaintiff's investigator visited the premises on 13 separate evenings, but was unable to witness or photograph any improper cleanup procedures.

_____________________________________________________________________________

Driver Entering Roadway Not Liable

Case Caption: James Delvecchio vs. Jennifer Voskov
Case Number: CV 02 279249


Plaintiff Profile:  Plaintiff was a 51-year-old insurance agent.

Alleged Injury:  The plaintiff claimed a 14% permanent partial disability of the cervical spine with radiating pain into both arms and an aggravation of a pre-existing lumbar condition. Medical specials totaled $10,672.16.

Settlement Efforts:  Last Demand: $100,000; Last Offer: $0

Judge:  Brian T. Fischer
Date of Verdict: 01/31/03
Plaintiff’s Attorney(s):  Bruce Chaplin, Durham
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  3 hours

Verdict:  Defense Verdict

________________________________________________________________________________

                                                        

Pedestrian Fails to Convince Jury of Motorist’s Liability for Soft Tissue Injuries

Sonia Villeda v. Gerald O'Sullivan

Case Number: CV00-0441207
New Haven Superior Court

Facts:  A New Haven jury rejected the injury claim of a pedestrian who acknowledged that she attempted to cross a street in front of an oncoming vehicle although she knew that the motorist did not have a traffic control device directing him to stop. A defense verdict was entered after 1 hour and 50 minutes of deliberation. Plaintiff pedestrian, Sonia Villeda, was crossing a street at night while it was raining. Defendant Gerald O’Sullivan, who was operating a vehicle on the same street, struck plaintiff. There was no traffic control device at the location where plaintiff was crossing. Plaintiff, a 37 year old female, alleged that defendant failed to yield the right-of-way to a pedestrian. Plaintiff also claimed to have suffered various soft tissue injuries and a 5% permanent partial disability to her back. Defendant contended that plaintiff walked out in front of his oncoming car despite seeing him approaching and despite knowing that defendant motorist did not have a stop sign or stop light.

Plaintiff Profile:  Plaintiff was a 37 year old married Hispanic female.

Alleged Injury:  Soft tissue neck, back, right arm and shoulder injuries. Plaintiff was assigned a 5% permanent partial disability to her lumbar spine. She claimed $10,300 in medical expenses and $620 in lost wages.

Plaintiff's Expert:  Efraim Gomez, M.D. Internal Medicine - Stamford

Settlement Efforts:  Last Demand: $50,000; Last offer: $20,000

Judge:  Thomas J. Corradino

Date of Verdict: 10/3/2003
Plaintiff’s Attorney(s):  Gregory E. O’Brien, Cheshire

Defendant’s Attorney(s):  Gregory A. Allen, Centerbrook

Jury Deliberations: 1 hour, 50 minutes

Verdict:  Defense Verdict

New London Judicial District

Sophie Dvorak v. Oakridge Gardens, et al.

Case Number:  CV03-0567673

New London Superior Court

Facts:  A woman who was injured when she fell while attempting to climb onto a porch pursued a liability claim against the premises owner where the incident occurred.  A New London jury determined that plaintiff's damages were $45,000, but that was reduced by 40% comparative negligence.  Additionally, the defendant premises owner was found to be 40% liable and the plaintiff's husband, also a defendant, was 20% liable.


Plaintiff Sophie Dvorak, age 81, and her husband, Defendant Frank Dvorak, were visiting Defendant Oakridge Gardens.  They were looking at a new double wide trailer home which was under construction. While attempting to mount a porch, plaintiff fell onto a trailer hitch and sustained multiple fractured ribs and a thoracic sprain.


Plaintiff alleged that stairs had not yet been attached to the porch and defendant's employee attempted to asst her onto the porch by grabbing her hand and pulling her.  However, plaintiff maintained that the employee then let go of her hand, causing her to fall.


Defendant contended that plaintiff should not have attempted to view a unit under construction.  Defendant asserted that its employee attempted to assist plaintiff after plaintiff's husband tried to push plaintiff onto the porch.  However, plaintiff's leg "gave out" due to a preexisting leg condition and she fell.

Plaintiff Profile:  Plaintiff was an 81-year-old married female who was retired.


Alleged Injury:  Multiple rib fractures and a thoracic sprain.  Plaintiff was assigned a 25% permanent partial disability to the thoracic spine.  She claimed $30,000 in past medicals.


Plaintiff's Experts:  Frank W. Maletz, M.D., Orthopedist, Norwich, CT; Mark Tebbets, Building Codes, Groton, CT


Defendant's Experts:   None


Settlement Efforts:  Last Demand:  $120,000; Last Offer:  $25,000.


Judge:  Clarance J. Jones

Date of Verdict:  2/18/2005

Plaintiff's Attorney(s):  Ronald B. Resetarits, New London

Defendant's Attorney(s):  Jan C. Trendowski, Centerbrook, Melissa J. Papantones, New Haven


Jury Deliberations:  2 days


Verdict:  $45,000 less 40% comparative negligence for a net verdict of $27,000.  Defendant Oakridge Gardens was assigned 40% liability.  Plaintiff's spouse, also a defendant, was assigned 20% liability.


Editor's Note:  Plaintiff filed an appeal.

_____________________________________________________________


Award to Passenger Injured in Auto Accident is Reduced Under the Apportionment Statute

Timothy Smith v. Curtis Carlough
Case Number: CV02-0560969

New London Superior Court 

Facts:  A man was awarded $15,000 by a New London jury for injuries he sustained in a motor vehicle accident. The award, however, was reduced by 40% under the apportionment statute. Plaintiff Timothy Smith was a rear seat passenger in a vehicle driven by John McIntyre. Defendant Curtis Carlough was operating his own vehicle on the same road and in the same direction as the plaintiff. Driver McIntyre came to a stop at a traffic light and was subsequently rear-ended by defendant. There was no apparent damage to either vehicle.  Plaintiff alleged that defendant caused the accident in failing to keep a proper lookout. Plaintiff further claimed to have suffered permanent injuries as a result of defendant’s negligence. Defendant Carlough named John McIntyre as an apportionment defendant and alleged that McIntyre contributed to the accident by making a sudden and unreasonable stop. According to Defendant Carlough, he came to an uneventful stop behind McIntyre at a red light. McIntyre reportedly began to proceed through the intersection and was rear-ended by Carlough when McIntyre stopped suddenly and unexpectedly a second time. Defendant also argued that plaintiff’s injuries were not as serious as he claimed.  The jury apportioned 40% liability to McIntyre and 60% liability to Defendant Carlough.

Plaintiff Profile:  Plaintiff was a 22 year old single white male who was employed as a store clerk.

Alleged Injury:  Soft tissue neck and back injuries requiring chiropractic treatment and resulting in a 5% impairment of the cervico-thoracic junction and an 8% impairment of the lumbar spine. Plaintiff claimed $4,089 in past medical expenses (including $3,790 in chiropractic expenses) $23,850 in future medical expenses and no lost wages.

Plaintiff's Expert:  Michael R. Thomas, D.C. Chiropractor - Groton, CT

Settlement Efforts:  Last Demand See Editor’s Note.; Last Offer: $2,000

Judge:  Thomas J. Corradino

Date of Verdict: 2/6/2003
Plaintiff’s Attorney(s):  Stephen E. Reck, New London
Defendant’s Attorney(s):  Gregory A. Allen, Centerbrook

Jury Deliberations: 1 hour, 10 minutes

Verdict:  $15,000 less apportionment of 40% for a new verdict of $9,000.

Editor's Note:  Per plaintiff’s counsel, the lasts settlement demand was $18,000. Defense counsel, however, indicated that the last demand was $46,000. Defense counsel also reported that plaintiff brought a second case directly against John McIntyre alleging that the same injuries at issue in the case at hand were caused by McIntyre and not Defendant Carlough. The case against McIntyre was still pending at the time of editing this case for publication. Plaintiff’s counsel reported that there was a three month gap in treatment between plaintiff’s emergency room visit and his chiropractic treatment.

 _______________________________________________________________________________       

Anthony Alfiero v. The Great American Insurance

Case Number: CV02-0560942

New London Superior Court

Facts: An elderly man’s claim that he was permanency injured in a motor vehicle accident was rejected by a New London jury.  Plaintiff Anthony Alfiero, a 72 year old male, was involved in a motor vehicle accident. Plaintiff settled with the tortfeasor’s insurance carrier for its policy limits of $20,000 and pursued this claim against his underinsured motorist carrier, Defendant Great American. Liability was admitted.  Plaintiff alleged that he suffered severe and permanent disabling injuries as a result of the accident and that his damages exceeded the tortfeasor’s policy limits of $20,000. Defendant contended that plaintiff’s disabilities were not caused by the accident and his injuries and treatment were inconsistent with them being caused by the underlying accident.

Plaintiff Profile:  Plaintiff was a 72 year old married white male who was retired.

Alleged Injury:  Lumbar disc herniation in back and soft tissue injuries to right wrist and right knee. Plaintiff was assigned a 5% permanent impairment to the right leg and a 13% whole person impairment due to the lumbar disc herniation. He claimed past medical expenses of $2,836, future medical expenses of $60,000 and no lost wages.

Plaintiff's Expert Witness: Joseph P. Zeppieri, M.D.

Defendant's Expert Witness:  Andrew J. Hallberg, M.D.

Settlement Efforts:  Last Demand: $80,000; Last Offer: $2,500

Judge:  Seymour L. Hendel

Date of Verdict: 12/19/2002
Plaintiff’s Attorney(s):  Steven M. Laput, New London
Defendant’s Attorney(s):  Gregory A. Allen, Centerbrook

Jury Deliberations: 2 ½ hours

Verdict:  Defense Verdict

Editor's Note:  Per defense counsel, the uncertainty of plaintiff’s expert regarding causation of the Plaintiff's medical problems and plaintiff’s sporadic treatment had an impact on the outcome.

Stamford-Norwalk Judicial District

Linda Zaneski, Administratrix of the Estate of Michael Zaneski v. The Thirsty Turtle, et al.

Case Number: CV06-5000951

Stamford-Norwalk Superior Court

Facts:  Following the death of a college student who was struck by a motor vehicle, a jury returned a $1,028,200 verdict against a bar on a claim under the Dram Shop Act.  However, subsequent to the jury's verdict, the court granted defendant's motions for directed verdict and to set aside the verdict.  At issue in the case was whether an individual involved in a collision with the decedent prior to the fatal incident was served alcoholic beverages at defendant's establishment while visibly intoxicated.

Plaintiff's decedent, Michael Zaneski, was involved in a motor vehicle collision with a vehicle operated by Cynthia Caceras.  The collision occurred on I-95 at approximately 1:45 a.m. on March 19, 2005.  The collision occurred when Caceras attempted to change from the middle lane to the left lane as she merged onto the interstate.  Both vehicles pulled to the left shoulder of the roadway.  Decedent and Caceras got out of their vehicles and exchanged information.  While decedent was walking back to his vehicle, Caceras was struck by another driver's car, which then pushed Caceras' vehicle into decedent.  The decedent was pinned between the vehicles and died at the scene from injuries sustained in the incident.  Caceras was thrown back against the guardrail due to the incident and taken to the hospital for treatment.  Caceras' blood alcohol level was taken at the hospital after she signed a waiver of probable cause to do the routine DUI testing since a fatality was involved.  Caceras' blood alcohol level was determined to be .14 and she3was charged with DUI.  The driver of the third vehicle was determined to be operating a motor vehicle while intoxicated and was criminally charged and incarcerated.  Earlier in the evening of the incident, Caceras had been a patron and consumed alcoholic beverages at Defendant The Thirsty Turtle.  Plaintiff pursued this action alleging defendant had violated the Dram Shop Act by serving Caceras. 

Plaintiff alleged defendant served Caceras alcohol on the evening of the accident and that Caceras should not have been served alcohol by the establishment because she was intoxicated, which was a violation of the Dram Shop Act. Plaintiff asserted that Caceras' blood alcohol level of .14 was evidence of her intoxication. Plaintiff argued decedent was on the side of the roadway when he was struck and killed because he had been involved in a collision with Caceras, who was intoxicated due to the illegal serving of alcohol at defendant's establishment.

Defendant contended that no violation of the Dram Shop Act had occurred because the act requires a person to have been served by an establishment while visibly intoxicated and exhibiting signs of abnormal behavior. Defendant denied Caceras was visibly intoxicated while a patron at its establishment.  Defendant asserted that the evidence presented supported its contention that Caceras was not visibly intoxicated, including the testimony of Caceras that she only had three to four beers over four to five hours that evening and never felt intoxicated.  Defendant also asserted that the investigating police officer testified that Caceras was not exhibiting abnormal behavioral signs of intoxication and decedent's death was not caused by Caceras' alleged intoxication.  Defendant maintained that decedent himself had directed Caceras to pull to the left side of the roadway to stop their vehicles and that the impact which killed decedent occurred due to the actions of the third driver.

Plaintiff Profile:  Plaintiff's decedent was a 19-year-old male who was a college student.

Alleged Injury:  Fatal injuries from being struck by a motor vehicle and being pinned against a guardrail. Decedent died at the scene of the incident.  He was survived by his mother.

Settlement Efforts:  None

Judge:  Robin Pavia

Date of Verdict: 4/28/2009
Plaintiff’s Attorney(s):  Donald Gaudreau, Hartford
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  Approximately 8 hours

Verdict:  $1,028,200.  Breakdown:  $1,000,000 in non-economic damages and $28,200 in economic damages.  In December 2009, the court granted defendant's motions for directed verdict and to set aside the jury verdict.  See Editor's Note.

Editor's Note:  In granting defendant's motions, the court noted that, for a violation of the Dram Shop Act to occur and liability to exist for the serving establishment, the act required intoxication, which meant that the individual served exhibited behavioral abnormalities or signs of visible intoxication.  The court found a lack of evidence existed upon which the counsel reported that plaintiff appealed the court's decision to grand defendant's motions for directed verdict and to set aside the verdict.  Defendant filed a motion to dismiss the plaintiff's appeal for being untimely, which motion was still pending.  Defense counsel also indicated plaintiff settled claims against Caceras and the third party for unknown amounts prior to this trial. 

Tolland Judicial District

Landlord/Tenant - Burn - Steam Radiator
Nicole McGrath v. Stephen Jackson, et al.
Case Number: CV91-0049343S

Tolland Superior Court           

Facts: Plaintiff, a 16 year-old female, was a tenant in a residence owned by defendants. While standing in the bathroom, plaintiff lost consciousness due to an illness and fell against a steam radiator, suffering second and third degree burns across her shoulder blades.  Plaintiff alleged that defendants were negligent in failing to provide a cover and safety valve on the radiator, in failing to warn of the danger and in failing to properly maintain the radiator. Defendants contended that the residence was properly maintained and that the radiator was operating as designed. Defendants further contended that installing a cover was not reasonable and that plaintiff’s accident was unforeseeable.

Plaintiff Profile:  Plaintiff was a 16 year old single white female, employed as a clerk.

Alleged Injury:  Second and third degree burns on back (across the shoulder blades) with substantial unrevised scarring approximately the size of a shoe box. Plaintiff claimed $19,400 in past medical specials and $30,000.00 in future medical expenses.

Plaintiff's Experts:  Harold Beam, M.D. - Plastic Surgeon - Rockville, CT; Gilbert Nichols - Engineer - Hartford CT

Defendant's Expert:  Nelson Gottier - Heating Installation - Rockville, CT

Settlement Efforts:  Last Demand: $275,000; Last Offer: $50,000

Judge:  Thomas A. Bishop

Date of Verdict: 2/22/96

Plaintiff’s Attorney(s):  Mitchell E. Kallet, Vernon

Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  50 minutes

Verdict:  Defense Verdict

Waterbury Judicial District

Truck/Pedestrian Accident - Minor Wandering Into Road

Samantha Vandine v. Timothy J. Marley

Case Number: CV 950124656 S

Waterbury Superior Court 

Facts:  Plaintiff, a two and a half year old girl, allegedly wandered into the road from behind a parked truck and was struck by a pickup truck operated by the defendant.


Plaintiff alleged that she was behind the parked truck, but was in full view of defendant, and that defendant was negligent in failing to keep a proper lookout.


Defendant contended that: (1) he was familiar with the neighborhood; (2) he was keeping a proper lookout while traveling approximately 10 to 13 m.p.h.; and (3) he could not have been more careful.

Plaintiff Profile:  Plaintiff was a two and a half year old girl.

Plaintiff's Expert:  Edmund Sullivan - Accident Reconstruction - Waterbury, CT

Settlement Efforts:  Last Demand: $90,000; Last Offer: $25,000

Judge:  Joseph H. Pellegrino

Date of Verdict: 7/9/98
Plaintiff’s Attorney(s):  Robert Nastri, Jr., Waterbury
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Verdict: Defense Verdict

Editor's Note: Per defendant’s counsel, defendant was very credible. He was sincerely remorseful that plaintiff had been injured, although he was not at fault. Case is closed.

Windham Judicial District

Auto Accident - Rear-End - Underinsured Motorist Claim

John Fikiet v. American National Fire Insurance Co.
Case Number: CV97056950S

Putnam Superior Court 

Facts:  Plaintiff’s vehicle was rear-ended by a third party who had $20,000 policy limits. After the policy was exhausted, plaintiff filed this claim against Defendant American National Fire Insurance Company pursuant to his underinsured motorist coverage. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages.  Plaintiff alleged that he suffered thoracic outlet syndrome and soft tissue neck, low back and shoulder injuries as a direct result of the accident resulting in 10% permanent partial disability of his neck. Plaintiff further alleged that the tortfeasor was underinsured, entitling him to underinsured motorist benefits. Defendant contended that plaintiff’s injuries were not proximately related to the accident and that plaintiff was exaggerating the extent of his injuries.

Plaintiff Profile:  Plaintiff was a 54 year old married white male who was employed as an electrical engineer.

Alleged Injury:  Soft tissue neck, low back and shoulder injuries resulting in 10% permanent partial disability of neck and possible thoracic outlet syndrome. Plaintiff claimed $10,000 in medical specials and $3,400 in lost income.

Defendant's Expert:  Scott Green, M.D. - Orthopedist - Danielson, CT

Settlement Efforts:  Last Demand: $100,000; Last Offer: $50,000

Judge:  Samuel J. Sferrazza

Date of Verdict: 7/28/99
Plaintiff’s Attorney(s):  Brian Prucker, Rockville
Defendant’s Attorney(s):  Jan C. Trendowski, Centerbrook

Jury Deliberations:  1 hour

Verdict:  $17,500 less $20,000 set off prior to settlement yielded a net verdict of $0. Breakdown: $13,400 economic damages and $4,100 non-economic damages.