III v. Marcus Carr et al. (2013)

MEMORANDUM OF DECISION

On July 6, 2012 Jovan Folson was the operator and sole occupant of a motor vehicle on Windsor Street in the Keeney Park section of Hartford, Connecticut.   At the same time and place a vehicle driven by Fitzroy Byfield was operating in the wrong lane and struck Mr. Folson's vehicle head-on.   That collision resulted in injuries to both passengers of the Byfield vehicle, Marcus Carr and Errol Henry, as well as injuries to Jovan Folson.

This matter is presented to the court in the form of an interpleader action seeking the distribution of funds which have been tendered pursuant to an escrow agreement by the parties to this action, which funds represent the policy limits of the available insurance coverage.

The court has evaluated the available evidence which consists of police accident reports as well as medical records and invoices from each of the three injured parties.   In addition, the court was able to hear the testimony of both Mr. Folson and Mr. Henry.   Mr. Carr was not present at the hearing and did not submit testimony or produce any statement as to his injuries other than his medical records.

The court has appraised the full value of the injuries of the respective parties as follows:

JOVAN FOLSON:  Economic damages $ 4,899.00

Non-economic damages $20,000.00

TOTAL $24,899.00

ERROL HENRY:  Economic damages $18,432.00

Non-economic damages $50,000.00

TOTAL $68,432.00

MARCUS CARR:  Economic damages $21,303.00

Non-economic damages $20,000.00

TOTAL $41,303.00

The court has calculated the sums above in proportion to the amount of available coverage of $40,000.00 and awarded costs and fees.   Judgment is entered as follows.

Counsel fees are awarded as per the application and the sum of $1,890.

Costs are awarded in the sum of $476.

Jovan Folson is awarded proportionate damages in the amount of ($37,634 x 18%) $6,774.12.

Errol Henry is awarded proportionate damages in the amount of($37,634 x 51%) $19,193.34.

Marcus Carr is awarded proportionate damages in the amount of ($37,634 x 31%) $11,666.54.

Robaina, J.

Robaina, Antonio C., J.