Leebert Bailey et al. v. Bonnie R. Tyler (2010)

MEMORANDUM OF DECISION

The allegations of the operative complaint are that on or about September 23, 2003 at approximately 8:30 a.m. the plaintiff, Andrea Martell-Bailey, was a passenger in a vehicle traveling on North Granby Road, in Granby.   The vehicle she occupied was making a left turn when an automobile operated by the defendant Bonnie Rae Tyler struck another car, and pushed it into the plaintiff's vehicle.

The plaintiff alleges that as a result of the negligence of the defendant, she has suffered injuries to her cervical, dorsal, and lumbosacral spine.   She further alleges injuries to her chest and abdominal wall, a surgical site and her knees.   The allegations made by the plaintiff in this regard are found to be proven.   Further, there is sufficient evidence for the court to conclude that some of the plaintiff's injuries are permanent in nature.

The evidence shows that the plaintiff treated for those injuries at the St. Francis Hospital and Medical Center.   She subsequently treated with Collins Medical Associates, Comprehensive Physical Therapy, P.C., and Medical Imaging Center, P.C. There is evidence that the plaintiff had a prior accident in 2002, and a subsequent fall on January 27, 2009.   She underwent a hernia repair on September 5, 2003, immediately prior to the accident.   There was a second hernia repair on January 10, 2004, subsequent to the accident.

Based upon a review of the evidence, the issues raised in the complaint with respect to liability are found in favor of the plaintiff.

The court finds that the plaintiff has incurred medical costs and expenses proximately caused by this accident as follows:

St. Francis Hospital $939.41

Collins Medical Associates $1,487.00

E.M.P.I $602.92

Comprehensive Physical Therapy $2,043.00

The plaintiff claims that a second hernia repair was also caused by the negligence of the defendant in this accident.   The reports from the Surgical Group, P.C. encompass dates from September 29, 2003 to February 3, 2004.   The reports refer to the initial hernia repair, this motor vehicle accident, and the second hernia repair of January 2004.   The reports confirm that the plaintiff's “skin at her umbilicus is partially separated from her underlying facia ․” as a result of this accident.   However, the same reports indicate that there is no recurrence of the plaintiff's hernia which is caused by this accident.   Accordingly, the Court finds that the plaintiff has failed to meet her burden that the second hernia repair was proximately caused by the negligence of the defendant herein.

Economic damages are awarded to the plaintiff in the sum of $5,072.33, subject to such set-offs and collateral sources as may be properly applied.   Noneconomic damages are awarded in the sum of $11,500.00.

Robaina, J.

Robaina, Antonio C., J.