Darwano Abderrazak v. Lynwood Flowers et al. (2012)

MEMORANDUM OF DECISION

This matter was tried before the court on February 15, 2012.   The evidence disclosed that the plaintiff was employed by the Metro Taxi Company on April 24, 2010.   A call came into the company to pick up a party, the defendant Lynwood Flowers, at 208 Sherman Avenue in New Haven.   The plaintiff drove Mr. Flowers to the Red Roof Inn in Milford, Connecticut and Mr. Flowers paid his fare for this trip.   Later that day a second call came in and the plaintiff was instructed to pick up Mr. Flowers and return him to Sherman Avenue in New Haven.   When the cab arrived at its destination, the plaintiff was informed by the defendant that he was not going to pay the plaintiff for the return trip.

The defendant testified that he did pay the plaintiff for the return trip and that the plaintiff had locked the door to the cab and wouldn't allow him to leave the cab.

In trials to the court, the court must determine the credibility of each witness and base its decision on the testimony of each witness which it finds credible, that is, worthy of belief.   If, as the defendant testified he paid plaintiff for the return trip from Milford to New Haven, why would the plaintiff seek to hinder the defendant from leaving the cab when the cab reached its destination.   Is it not far more likely that the only reason plaintiff could have for attempting to delay the defendant's exit from the cab was that he was waiting for the defendant to pay him the return fare.

Nevertheless, the plaintiff testified that the defendant struck him in the face with his fist which is borne out by the record of his examination at the Adult Emergency Service at Yale–New Haven Hospital, which found swelling of the mouth on the left, left mandible swelling and bruising of the right zygomatic arch and abrasion of the right temple.   The total bill for all studies performed was $1,730.00.   The plaintiff testified that he continued to feel some discomfort for about one month.

Judgment may enter against defendant Lynwood Flowers only as follows:

Economic Damages $1,730.00

Non–Economic Damages $2,500.00

Total Damages:  $4,230.00

David W. Skolnick

Judge Trial Referee

Skolnick, David W., J.T.R.