Frank Menchetti, et al. v. Jong M. Baek, et al (2010)

MEMORANDUM OF DECISION

This is an automobile accident case which occurred on September 13, 2007 in which the defendant driver, Jong Baek and defendant owner Jin Nguyen do not challenge their liability.   However, the defendant Baek and plaintiffs dispute the severity of the impact.   The plaintiff Frank Menchetti described the impact on his pick-up truck as being substantial which “pushed [him] sharply forward” and “seemed almost like an explosion.”   The passenger in the Menchetti vehicle, the plaintiff Elizabeth Belomiz, “remembers ․ [a] loud bang ․ and putting my hands up ․ Heard no “brakes screeching.”   The defendant Jong Baek described the impact as being slight as he moved his vehicle forward from a full stop attempting to change lanes at a speed of “less than one mile an hour.”   The court accepts the defendant Jong Baek version of how the accident occurred and the extent of the impact notwithstanding the claim that the impact allegedly caused the plaintiff Elizabeth Belomiz to crack the front windshield.

The treatment for both plaintiffs consisted of various chiropractic therapies from Michael J. Dusa. No permanency rating was given by Dusa. The defendant did not have the plaintiffs examined.   Under these circumstances this court must award the full chiropractic bills plus amounts for pain and suffering, but will make no allowance for permanent injuries.

Accordingly, judgment may enter in favor of the plaintiff Menchetti for economic damages in the amount of $3630 plus $7,400 for pain and suffering for a total, $11,030 and in favor of the plaintiff Elizabeth Belomiz for economic damages in the amount of $2,640 and $5,000 for pain and suffering for a total of $7,640.

The plaintiffs are also awarded their taxable costs.

Robert I. Berdon

Judge Trial Referee

Berdon, Robert I., J.T.R.