State Farm Fire & Casualty Co. v. Claire Esposito (2012)

MEMORANDUM OF DECISION

Having heard the testimony from the plaintiff's subrogee (Emilie Ngom) and the defendant and having reviewed the documentary evidence submitted by the parties, the court finds that the plaintiff has sustained its burden of proof that the accident was the fault of the defendant.   The evidence has clearly shown that the defendant violated CGS § 14–299 in that she failed to stop for a red traffic control signal, and that this violation was the sole cause of the collision and the plaintiff's injuries.   As such, the court finds liability in favor of the plaintiff.   The plaintiff has also proved by a preponderance of the evidence that the plaintiff sustained economic damages in the amount of $3,793 which were caused by the defendant's negligence.   As to noneconomic damages, the court finds that Ms. Ngom sustained damages in the amount of $4,000.   The plaintiff has also proved that Ms. Ngom was insured by it, that the defendant was uninsured on the date of the accident, and that it paid her $7,500 in uninsured motorist benefits.

As a result, judgment enters in favor of the plaintiff in the amount of $7,500, plus costs in the amount of $560.   Defendant shall make weekly payments of $35.00 commencing three weeks from the date notice of this judgment was sent.

Frechette, J.

Frechette, Matthew E., J.