Jodi Sapiente et al. v. Matthew R. Avitable (2011)

MEMORANDUM OF DECISION

This is a civil action wherein the plaintiffs Jodi Sapiente and Alphonse Sapiente are seeking money damages for personal injuries and losses allegedly incurred in an automobile accident which occurred on November 29, 2008.   The plaintiffs allege that Jodi was the operator and Alphonse was a passenger in a motor vehicle that was stopped in traffic on Townsend Avenue in New Haven, Connecticut.   The defendant was operating a motor vehicle to the rear of the plaintiff's vehicle and he ran into the rear of the plaintiff's vehicle.

Each of the plaintiffs claim that the collision was caused by the negligent operation of his vehicle by the defendant, and that as a result of the collision each plaintiff claims to have suffered personal injuries, medical, ambulance, and hospital expenses.

The defendant has been defaulted for failure to appear.   He is not in the military service.   This court heard this matter as a hearing in damages on January 26, 2011.

As a result of the collision the plaintiff Jodi Sapiente suffered an acute cervicothoracic muscle strain.   She was taken by ambulance to St. Raphael's Hospital, received medical attention from Dr. Michael Luchini, and extensive physical therapy at Therapy Works, P.C. She was discharged from further treatment by Dr. Luchini on August 6, 2009.   She has incurred the following expenses in connection with her treatment for her personal injuries:  American Medical Response $560.65;  Hospital of St. Raphael $2,001.96;  New Haven Radiology $54.90;  Michael Luchini, M.D. $470.00;  and Therapy Works $1,430.00.   She finds it difficult to do her job as an occupational therapist but is not making a claim for loss of earnings or permanent disability.   The plaintiff Jodi Sapiente has incurred total economic damages of $4,517.51, of which $4,317.51 was paid by collateral sources, and non-economic damages of $17,000.00.

As a result of the collision the plaintiff Alphonse Sapiente suffered an acute sprain of the cervical spine and a separation of the left shoulder at the AC joint.   He was taken by ambulance to St. Raphael's Hospital, received medical attention from Dr. Michael Luchini, and extensive physical therapy at Therapy Works, P.C. He was discharged from further treatment by Dr. Luchini on August 6, 2009.   He has incurred the following expenses in connection with his treatment for his personal injuries:  American Medical Response $546.52;  Hospital of St. Raphael $1,885.26;  New Haven Radiology $54.90;  Michael Luchini, M.D. $470.00;  Therapy Works $1,155.00.   While he had difficulty in performing his job as a fitness instructor he is making no claim for loss of income or permanent disability.   He has incurred total economic damages of $4,111.68, of which $3,911.68 was paid by collateral sources, and non-economic damages of $15,000.00.

Judgments may enter in favor of the plaintiff Jodi Sapiente in the sum of $17,200.00, and in favor of the plaintiff Alphonse Sapiente in the sum of $15,200.00.

William L. Hadden, Jr.

Judge Trial Referee

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