Karyn Wyman v. Gregory Greene (2013)

MEMORANDUM OF DECISION

This is a civil action wherein the plaintiff is seeking money damages for injuries and losses allegedly incurred in an automobile accident which occurred on February 22, 2009.   The plaintiff alleges that she was the operator of a motor vehicle which was traveling north on I–91 in New Haven following a motor vehicle being operated by the defendant Gregory Greene which was owned by the defendant Lamar Jones.   The motor vehicle being operated by the defendant Greene suddenly slowed down to 30 miles per hour because the transmission on the motor vehicle began to slip and the plaintiff collided with the rear of the defendant's motor vehicle.

The plaintiff alleges that the collision was caused by the negligent operation of the motor vehicle by Greene which resulted in the plaintiff receiving personal injuries.   There is no allegation with respect to Jones other than it was his motor vehicle that Greene was operating.

The defendants have been defaulted for failure to appear.   They are not in the military service.   The court heard this matter as a hearing in damages on October 9, 2013.

As a result of said collision caused by the negligence of the defendant Greene the plaintiff sustained the following severe and painful personal injuries, some of which may be permanent:  a low back injury, muscle spasm and a severe shock to her nervous system.   She continues to have episodes of low back pain.   She has incurred expenses totaling $1,430.21 for hospital and medical care and attention.   She was gainfully employed at two part-time jobs and because of her injuries she was unable to work and she has lost $1,320.00.

As a result of the collision the plaintiff has suffered economic damages of $2,750.21 and non-economic damages of $10,000.00.

Section 52–183 of the General Statutes provides that in an action against the non-operator owner of a motor vehicle for the negligent operation of that motor vehicle, the operator of the motor vehicle is presumed to be the agent of the owner unless the owner offers evidence that rebuts the presumption.   Since no such evidence has been offered a judgment may enter as against the defendant Jones.

Accordingly, a judgment in the total amount of $12,750.21 may enter in favor of the plaintiff as against both defendants.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.