John Blomberg v. Gary Milone (2010)

MEMORANDUM OF DECISION

This is a civil action wherein the plaintiff is seeking money damages for personal injuries and losses sustained when the defendant allegedly assaulted him on July 23, 2008.   The plaintiff has filed a two-count complaint alleging assault and negligence.   The defendant has been defaulted for failure to plead.   The court heard this case as a hearing in damages on September 15, 2010.

The plaintiff claims to have been punched in the jaw by a fellow employee when they were on the job working at Diamond Auto Sales, Inc. All of his medical expenses, hospital expenses and lost wages have been paid under the terms of the Workers' Compensation Act by his employer, and said employer has filed an intervening complaint seeking judgment for the payments it has made pursuant to Connecticut General Statutes Section 31-293.

As a result of the conduct of the defendant, the plaintiff sustained a severe fracture of the right mandibular parasymphysis, a fracture of the left mandibular subcondyle, and the loss of multiple teeth.   He was knocked unconscious and required surgery for the fractures to his jaw.   He continues to suffer from pain and limited motion of his jaw which may be permanent.

As a result of his injuries the plaintiff incurred expenses for hospital and medical attention totaling $30,758.30, and he lost income from his employment totaling $1,123.41, all of which was paid to the plaintiff by the intervening plaintiff pursuant to the Workers' Compensation Act.

The court finds that as a result of the defendant's conduct the plaintiff has suffered non-economic damages of $65,000.00.   A judgment may enter on the first count in favor of the plaintiff as against the defendant in the amount of $65,000.00.

A judgment may enter in favor of the intervening plaintiff as against the defendant in the amount of $31,881.71.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.