Wathcarline Jules v. Judith Kurmay et al. (2014)

MEMORANDUM OF DECISION

This is a personal injury action as the result of an accident that occurred on June 23, 2011 in the Town of Stratford.   At the time of trial the parties stipulated that Judith Kurmay was the operator of her 2002 Dodge Stratus, so she is the sole defendant in this case.   It should be noted that there is no claim of comparative negligence.

The plaintiff claims that she sustained personal injuries due to the negligence of the defendant.   The plaintiff has the burden of establishing and proving her claim by a preponderance of the evidence.

While the defendant admitted she could have been operating at a speed of up to 35 miles per hour the plaintiff claims that she never saw the defendant's vehicle although the intersection was free from obstruction and nothing in the weather conditions impaired her vision.

The plaintiff has not met her burden of proof and the Court finds the issue of liability in favor of the defendant.

OWENS, J.T.R.

Owens, Howard T., J.T.R.