Michael Harris, Jr. v. Ann E. Fowler et al. (2012)

MEMORANDUM OF DECISION

The parties agreed to waive trial by jury and requested that the matter be assigned for trial before the undersigned.   It is apparent that the parties have a side agreement, the terms of which are unknown to the undersigned, such that they will be bound by this court's decision, subject to whatever “high-low” parameters they may established for themselves.   Because of that, the parties have waived their right to appeal and also waived the presence of a court monitor during the trial.   To give the parties an opportunity to effectuate their agreement, judgment will enter in accordance with this memorandum of decision on February 14, 2012 unless, as is expected, the matter has been withdrawn before that date in accordance with the parties' agreement.

LIABILITY:

This lawsuit results from a two-car collision on North Colony Road north of its intersection with Cedar Lane in Wallingford, Connecticut on April 1, 2008.   According to the police report and the testimony offered at the arbitration hearing, the plaintiff, Michael Harris, Jr., hereinafter referred to as “the plaintiff,” was a passenger in a motor vehicle operated by the co-defendant Adam Strongin and owned by the co-defendant David D. Strongin, which was traveling at the posted speed limit in a southbound direction on North Colony Road. At that time and place, according to the police report and testimony offered at the hearing, the co-defendant Ann E. Fowler, who was traveling northbound on North Colony Road, made a left turn directly into the co-defendant Strongin's lane of travel, causing a collision between the two vehicles.   The co-defendant Fowler was given a written warning for failure to grant the right of way to oncoming traffic per C.G.S. Sec. 14–242(e).

Based on the police report and testimony offered at the arbitration hearing, the undersigned finds that the co-defendant Fowler is solely at fault for causing the accident.   The undersigned does not find any fault on the part of the co-defendant Strongin.

DAMAGES:

As a result of the collision, the plaintiff sustained left shoulder and neck injuries.   He had a prior low back injury, for which he had about three months of treatment.   There was no evidence of prior left shoulder or neck injuries.   The plaintiff described the impact between the vehicles as strong and rough, and the co-defendant Fowler testified that her vehicle was pushed off the road surface onto the lawn of a nearby business.   Photographs offered at the hearing show moderate to severe damage to the two vehicles.

As a result of his injuries, the plaintiff wore a sling on his left arm for about one week.   He also underwent physical therapy for approximately three months.   An independent medical examination conducted by Dr. Phillip P. Luchini resulted in a finding of a five (5) percent impairment of function of the plaintiff's left shoulder.

Currently, the plaintiff has no neck pain, but has daily left shoulder pain.   He described it as sometimes aching and sometimes sharp.   He testified that he has difficulty lifting objects, although he admitted in cross examination that no doctor has given him a lifting restriction.   He also has difficulty helping his mother around the home.   He testified that he is concerned about his future, given that he has been diagnosed with a permanent injury at age 22.

The plaintiff has disclosed a total of $5,410.00 in medical specials.   He is making no claim for lost earnings or for loss of earning capacity.

AWARD.

Past Economic Damages:  $ 5,410.00

Future Economic Damages:  $ 0.00

Non–Economic Damages:  $30,000.00

Collateral Source Setoff $ 5,000.00

Total Damages:  $30,410.00

Based on the foregoing, judgment will enter in favor of the plaintiff in the total amount of $30,410.00, effective February 14, 2012, unless, as previously indicated, the matter has been withdrawn prior to that date.

Gould, J.

Gould, Mark T., J.