Minerva Beavers v. Andy Dones (2013)

MEMORANDUM OF DECISION

This case was scheduled for a trial management conference at 2:30 p.m. on October 15, 2013, and a trial de novo at 9:30 a.m. on October 22, 2013.   The defendant did not appear on either occasion.   Upon his failure to appear for trial, the court ordered a default, pursuant to Practice Book § 17–19, and proceeded to conduct a hearing in damages.   The plaintiff, age 51, presented evidence that on February 19, 2011, she suffered a severe dislocation and fracture of her left wrist when she went to the defendant's property at 99 Hamner Street, East Hartford, Connecticut, to get new brakes for her car.   As she approached the defendant's garage, a big dog, held on a leash by the defendant, jumped on her causing her to fall backward onto her wrist.

The plaintiff's medical records contained in the exhibits reveal that the fracture required a surgical repair described by her surgeon, James T. Mazzara, M.D., as an “open reduction internal fixation of a left distal radius fracture,” which he performed on March 4, 2011.   The plaintiff has what appears to be a six- or seven-inch scar on her left wrist as a result of the surgery.   She testified that she continues to suffer pain and must wear a compression glove two or three times per month for two or three days at a stretch.   She also testified that the wrist was extremely painful for two months following the fracture and lessened thereafter.   Although it is her non-dominant arm, she cannot perform strenuous activities using her left arm such as shoveling snow or raking leaves.   She also cannot do embroidery or cross stitching any longer, activities that she enjoyed.   Her life expectancy is an additional thirty-two years based on a life table.   She missed three weeks of work following the injury and lost wages of $3,040.   Her medical and surgical bills total $29,779.63.

Based on all the evidence, the court finds that the plaintiff has proved by a preponderance of the evidence that the aforementioned injuries were proximately caused by the incident of February 9, 2011, and hereby awards economic damages of $32,819.63 and non-economic damages including physical pain and suffering, mental suffering, loss of enjoyment of certain life activities, and permanent impairment, including scarring, in the amount of $100,000, for a total judgment of $132,819.63, plus costs.

Peck, J.

Peck, A. Susan, J.