Laura Deicke v. Joseph Grasso (2009)

MEMORANDUM OF DECISION RE DAMAGES

This case is a personal injury matter arising out of a two-car accident occurring in Stamford, Connecticut in May 2001 between vehicles driven by the plaintiff, Laura Deicke and the defendant Joseph Grasso.   A default for failure to appear was entered against Grasso in April 2007.

The matter came before the court in February 2009 on the hearing in damages calendar.   The plaintiff testified;  the defendant did not appear.   Thereafter, counsel for the plaintiff requested the opportunity to submit a memorandum summarizing the damages evidence.   That memorandum and the affidavit to the effect that Grasso was not, and is not in the military service were submitted in September 2009.

The accident occurred about 1:00 a.m. when Deicke was returning home.   She testified that the Grasso vehicle, a pick-up truck, was coming in the other direction on Cove Road, turned left in front of Deicke into a parking lot, apparently turned around quickly, and while exiting the lot collided with the front right of Deicke's vehicle causing substantial damage.   Ex. 1. After the collision, when Grasso knocked on the passenger side window of Deicke's vehicle the glass shattered and fell into the car and onto Deicke.

Deicke testified that she has suffered back pain since the accident.   The pain has affected both her life and lifestyle.   She must sleep on her stomach.   She cannot stand or sit for long periods of time.   She has worked as a nanny for a family with five children for a number of years.   She is curtailed in lifting the children and occasionally changes diapers on a couch rather than a changing table.   Her memorandum describes this as an aggravation of a pre-existing degenerative disc condition Deicke experienced two years before the accident.   However, Deicke's testimony locates the present pain in her lower back “tail bone” area whereas the disc problem was higher on her back.   The lower back pain has kept her from skiing with the children she is charged with, and from other sports.   Long runs, walks, high heels, and driving are painful experiences.   Her exercise regime has changed drastically.

Deicke testified her medical bills were $3,500-$4,000, but she was not seeking compensation for them.   Her later memorandum places the amount at $2,762.80.

Deicke has experienced some emotional, psychological and memory problems since the accident.   Her forgetfulness has been treated by a neurologist and a psychologist.   The testimony shows she was listless, nervous and very “clingy” to her family for a period after the accident.   While this seems to have alleviated over time, she remains nervous sitting on the right side of a car, or when a vehicle approaches from the right.

The court finds a fairly significant physical impairment of Deicke's back.   While there is no evidence or medical diagnosis of permanency, it does not show signs of abating quickly, and nine years have passed.   There has been loss of enjoyment of life's activities including those matters described above, and a disappointing high school prom just a few weeks following the accident when she was still picking small shards of glass out of her face and head.

After reviewing all the record, the court awards $45,000 in damages

TAGGART D. ADAMS

SUPERIOR COURT JUDGE

Adams, Taggart D., J.