John Dunne et al. v. Daniel Boski, Sr. (2011)

MEMORANDUM OF DECISION

The undersigned, acting as sole binding arbitrator of the above referenced matter, does hereby find as follows:

LIABILITY:

This lawsuit results from a two-car collision on North Street in Groton, Connecticut on February 19, 2008.

At the time of the accident, according to the police report submitted as evidence at the arbitration hearing, the plaintiff, John Dunne, hereinafter referred to as “the plaintiff,” was operating a motor vehicle northbound in the left of two lanes on North Street, as the defendant, Daniel J. Boski, Sr., hereinafter referred to as “the defendant,” was backing his motor vehicle out of a parking space on the east side of North Street, and attempting a U-turn in front of the plaintiff's vehicle.   A non-contact vehicle in the right of the two northbound lanes obscured the defendant's vision and he was unable to see the plaintiff's vehicle before the collision, according to the defendant's testimony at the arbitration hearing.   The plaintiff's vehicle struck the left rear side of the defendant's vehicle while the latter was partially in both the northbound and southbound lanes of North Street.

Based on this evidence, as well as that of the plaintiff offered at the arbitration, the undersigned finds that the defendant is solely at fault for causing the subject accident.   There is no finding of contributory negligence on the part of the plaintiff.

INJURIES:

The plaintiff is a 58-year-old, married environmental engineer, employed by the Pfizer Corporation in Groton.   He resides in Monroe, Connecticut and commutes approximately 90 minutes each way to work each day.   His wife, Catherine Dunne, has filed a claim for loss of consortium.   The plaintiff alleges a right shoulder injury as a result of the subject accident.   He had no prior or subsequent injuries to his right shoulder.

The plaintiff testified that he was traveling approximately 30 miles per hour, the speed limit on North Street, at the time of the collision.   He further testified that he extended and braced his right arm before the collision, and it absorbed the brunt of the force of the collision.   The defendant testified that he was traveling approximately 15 miles per hour at the time of impact.   The collision caused approximately $4,500.00 damage to the plaintiff's vehicle.

The plaintiff testified that he felt immediate neck and shoulder pain, and that he “felt like I was hit in the shoulder with a baseball bat.”   The neck pain subsided after one or two weeks, but the shoulder got progressively worse, he testified.   He presented to Dr. Reznik, an orthopedic surgeon in New Haven.   An MRI completed on June 18, 2008 revealed multiple tears in the right rotator cuff tendons.   The plaintiff testified that he slept in a chair for two weeks following right shoulder arthroscopic surgery by Dr. Reznik on August 8, 2008.   He had outpatient and home physical therapy for several months after the surgery.   He returned to Dr. Reznik in mid-2009 with a history of increasing pain upon doing yard work.   He was given a cortisone shot and referred for a second round of physical therapy.   His last medical treatment was on September 15, 2009.

Currently, the plaintiff complains of daily right shoulder popping, pain and stiffness.   He remains comparatively active in terms of household work, but testified that he has been unable to cross country ski, bicycle ride or kayak since the accident.   He has postponed a number of house projects due to his limitations.

The plaintiff has disclosed a total of $26,220.65 in medical specials, and $1,137.04 in co-pays.   He has claimed lost wages in the amount of $18,256.73.   He is making no claim for loss of earning capacity.   He has been assessed an eight (8) percent permanent partial disability of his right shoulder by Dr. Reznik.   The plaintiff is right handed.

AWARD:

John Dunne:

Past Economic Damages:  $ 27,357.69

Future Economic Damages:  $ 0.00

Non-Economic Damages:  $ 85,000.00

Lost Wages:  $ 18,256.73

Total Damages:  $130,614.42

Collateral Source Set-off

(Stipulated By Parties) $ 8,261.95

TOTAL AWARD $122,352.47

Catherine Dunne-Loss Consortium:

The undersigned makes no award to the plaintiff Catherine Dunne for loss of consortium.

GOULD, J.

Gould, Mark T., J.