Brandy Alston v. LLC (2011)

MEMORANDUM OF DECISION

This is a civil action wherein six plaintiffs are seeking money damages for alleged physical injuries allegedly received in an automobile accident on May 5, 2006 in New Haven, Connecticut.   The plaintiffs, Brandy Alston, Theresa Barber, Raven Barber, Rosalyn Biggins, Laquanda Jones and Nichelle Tate were occupants of a motor vehicle which was stopped in traffic on Water Street in New Haven at 1:40 a.m. when it was run into in the rear by another motor vehicle which then fled the scene.

The other motor vehicle was subsequently identified as being owned by Atlantic Auto Rentals, LLC (Atlantic Auto).   The plaintiffs brought suit against Atlantic Auto on April 22, 2008, Atlantic Auto impleaded Charles Pringle and Franklin Pringle as third-party defendants, and the plaintiffs then filed an amended complaint naming the Pringles as defendants.   The plaintiffs withdrew all claims against Atlantic Auto on February 4, 2009 and cited in an additional defendant, Progressive Casualty Insurance Company (Progressive Casualty) on August 31, 2009.

Charles Pringle has been defaulted for failure to plead and Franklin Pringle has been defaulted for failure to appear.   Franklin Pringle is not in the military service.   Franklin Pringle had leased the motor vehicle from Atlantic Auto. At the time of the accident Charles Pringle was operating the motor vehicle with the permission of Franklin Pringle.   This court heard the claims of the six plaintiffs as against the defendants Charles and Franklin Pringle in a hearing in damages on May 18, 2011.   The case against Progressive Casualty remains pending.

BRANDY ALSTON — Ms. Alston was the operator of the motor vehicle in which all of the plaintiffs were riding when it was struck in the rear.   She felt pain in her back and neck.   She was treated by Dr. James D. Sorrentino at Whalley Chiropractic commencing on May 8, 2006 until September 22, 2011, as is set forth in Exhibit 1. Dr. Sorrentino finds that Ms. Alston has sustained a 5% permanent physical impairment of the lumbar spine.   She is 26 years old.   His bill totals $4,233.00 which is the only expense incurred by this plaintiff.   The court finds that Ms. Alston has incurred economic damages of $4,233.00 and non-economic damages of $10,000.00.

A judgment may enter in favor of the plaintiff Brandy Alston as against the defendants Charles Pringle and Franklin Pringle in the amount of $14,233.00 plus taxable costs.

THERESA BARBER —Ms.   Barber was a front seat passenger and the owner of the motor vehicle that was struck in the rear.   She felt pain in her back and neck.   She was treated by Dr. James D. Sorrentino at Whalley Chiropractic commencing at May 8, 2006 until October 4, 2006 as is set forth in Exhibit 2. Dr. Sorrrentino finds that Ms. Barber has sustained a 6% permanent physical impairment of the left shoulder and 5% permanent physical impairment to the thoracic spine.   She is 27 years old.   His bill totals $4,175.50.   The court finds that Ms. Barber has incurred economic damages of $4,175.50 and non-economic damages of $10,000.00.   Ms. Barber also included a claim for property damage to the car in which she was riding but no evidence of property damage was presented.

A judgment may enter in favor of the plaintiff Theresa Barber as against the defendants Charles Pringle and Franklin Pringle in the amount of $14,175.50 plus taxable costs.

RAVEN BARBER —Ms.   Barber was a front seat passenger in the motor vehicle which was struck in the rear.   She was treated by Dr. James D. Sorrentino at Whalley Chiropractic from June 26, 2006 until November 10, 2006 as is set forth in Exhibit 3. Dr. Sorrentino's bill for medical treatment totals $1,400.00 which is the only expense incurred by this plaintiff.   She is 22 years old.   The court finds that Ms. Barber has incurred economic damages of $1,400.00 and non-economic damages of $3,000.00.

A judgment may enter in favor of the plaintiff Raven Barber as against the defendants Charles Pringle and Franklin Pringle in the amount of $4,400.00 plus taxable costs.

ROSALYN BIGGINS —Ms.   Biggins was a passenger in the motor vehicle that was struck in the rear.   She was treated by Dr. James D. Sorrentino at Whalley Chiropractic from May 8, 2006 until September 21, 2006 as is set forth in Exhibit 4. Dr. Sorrentino finds that Ms. Biggins has sustained a 5% permanent partial impairment of the cervical spine.   Dr. Sorrentino's bill for medical treatment totals $4,845.50 which is the only expense incurred by this plaintiff.   She is 24 years old.   The court finds that Ms. Biggins has incurred economic damages of $4,845.50 and non-economic damages of $10,000.00.

A judgment may enter in favor of the plaintiff Rosalyn Biggins as against the defendants Charles Pringle and Franklin Pringle in the amount of $14,845.50 plus taxable costs.

LAQUANDA JONES —Ms.   Jones was a passenger in the back seat of the motor vehicle that was struck in the rear.   She complained of pain in her whole right side.   She was treated by Dr. James D. Sorrentino at Whalley Chiropractic from May 8, 2006 until October 4, 2006 as is set forth in Exhibit 5. Dr. Sorrentino finds that Ms. Jones has sustained a 5% permanent partial impairment of the cervical spine.   She is 21 years old.   His bills total $4,423.00 which is the only expense incurred by this plaintiff.   The court finds that Ms. Jones has incurred economic damages of $4,423.00 and non-economic damages of $10,000.00.

A judgment may enter in favor of the plaintiff Laquanda Jones as against the defendants Charles Pringle and Franklin Pringle in the amount of $14,423.00 plus taxable costs.

NICHELLE TATE —Ms.   Tate was a passenger in the motor vehicle which was struck in the rear.   She was treated by Dr. James D. Sorrentino at Whalley Chiropractic commencing on May 8, 2006 until August 3, 2006 as is set forth in Exhibit 6. She is 24 years old.   His bill totals $2,626.00 which is the only expense incurred by this plaintiff.   The court finds that Ms. Tate has incurred economic damages of $2,626.00 and non-economic damages of $5,000.00.

A judgment may enter in favor of the plaintiff Nichelle Tate as against the defendants Charles Pringle and Franklin Pringle in the amount of $7,626.00 plus taxable costs.

William L. Hadden, Jr.

Judge Trial Referee

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