State Farm Fire & Casualty Company v. Richard A. Whitcomb (2011)

MEMORANDUM OF DECISION

Background

This case came to this court by writ, summons and complaint dated September 29, 2010, where in the two plaintiffs, State Farm Fire & Casualty Company (hereafter State Farm) and Lilibea Smith (hereafter Smith) allege that the defendant, Richard Whitcomb, Jr., (hereafter Defendant) was responsible for an automobile accident on Route 32, Montville, Connecticut causing injury and damage to Smith and her vehicle.   The defendant denied causing the accident and claimed that Smith's operation was the cause of the collision.

The case was tried to the court on October 26, 2011.   The plaintiffs were represented by counsel.   The defendant was pro se.   Both parties filed extensive briefs.

Facts

From the evidence produced at trial, including the reasonable and logical inferences from the same, and taking into account the court's evaluation of the credibility of the witnesses, the following facts are found.

On June 11, 2009, at about 4:30 p.m. while the defendant's truck and the Smith auto were both traveling northbound on Route 32 in Montville, Connecticut, a collision occurred between the passenger side of the auto and the left side of a trailer being pulled by defendant's truck.   The defendant was in the right lane and the Smith vehicle was in the left lane.   There was conflicting evidence as to the cause of the accident.   The defendant testified that Smith was attempting to change lanes from left to right when she impacted his trailer.   Smith did not testify.   The plaintiffs produced the testimony of a police officer who came to the scene about 15 minutes after the collision.   His testimony suggested a different version of the cause, but was based upon what people who did not testify told him.   A photograph of the Smith auto suggest a scraping of the passenger side of the vehicle which among other things removed the side mirror.   Damage to the defendant's trailer, according to his credible testimony, was somewhat back from the front of the trailer on the left side.   The defendant's truck was not then covered by insurance.   State Farm, which insured the Smith auto, did an investigation and on the basis of Smith's uninsured motorist coverages paid a total of $18,557.50 to Smith for damage to the auto ($2,557.50, vehicle “totaled” by the adjuster) and claimed personal injuries ($16,000.00).   Some of the medical evidence (Ex 9, 10) suggest that Smith told her doctors that she was “rear ended” when she went for treatment of low back pain.   At the hospital she apparently told the doctor she was “hit by a truck.”  (Pl's Ex. 12, page 4.) The exam at the Emergency Room concluded she had mid back strain;  she was released with pain medication.   A CT scan showed no fractures but degenerative arthritis.   Later when Smith went to the chiropractor the history given claimed she was “struck from behind by a flatbed truck while attempting to make a left hand turn.”

Analysis and Conclusion

It is found that the plaintiffs have failed to sustain their burden of proof either that the collision was caused by the negligence of the defendant or that the damages and injuries were proximately caused by the defendant's negligence.

There are several different claims as to the facts relating to the cause of the collision.   The plaintiff has the burden of proof in that regard and has not met that burden.

With regard to the personal injuries claimed, the plaintiffs have the burden of proving that the same were proximately caused by the defendant's negligence.   Even if negligence had been proven, the history given to the various doctors leave too many questions as to the cause of the injuries to permit the court to find that burden has been met.   There was no evidence that the Smith vehicle was struck from behind by the trailer.   The police report (Pl's Ex. 1) indicates the damages was to the “right side center” and that is confirmed by the photograph (Pl's Ex. 17).

Judgment may enter for the defendant as against the plaintiffs, together with costs.

Robert C. Leuba, JTR

Leuba, Robert C., J.T.R.