Brenda Peay v. State of Connecticut (2014)

MEMORANDUM OF DECISION

FACTS

The Plaintiff, Brenda Peay, brings this action to recover for injuries and damages allegedly sustained as a consequence of a December 15, 2008 incident.

On that date, at approximately 9:40 a.m., the Plaintiff, who was an inmate housed at the York Correctional Institute in Niantic, was a passenger in a motor vehicle being operated in the parking lot adjacent to Building 10.

Another vehicle, owned by the State of Connecticut and operated by one John C. Piscitelli, Sr., struck the vehicle in which the Plaintiff was a passenger.   At the time of the collision, John C. Piscitelli, Sr. was operating the state-owned vehicle within the scope of his employment.

As a result of the collision, Brenda Peay was treated for her injuries.  (Ex. 1.) She complained of left wrist pain, numbness, and pain in her thigh.   The X-rays of her left wrist (Ex.2d) were “unremarkable,” and revealed no fracture or dislocation.   This action was instituted against the State of Connecticut pursuant to § 52–556 of the General Statutes, which reads:

Any person injured in person or property through the negligence of any state official or employee, when operating a motor vehicle owned and insured by the state against personal injury or property damage shall have a right of action against the state to recover damages for such injury.

The State of Connecticut admits that the operator of its motor vehicle was negligent, but denies that the negligence was the proximate cause of any injuries claimed by Brenda Peay.

This matter was tried, by a agreement of the parties, to the Court, as a hearing in damages.

PLAINTIFF SUSTAINED INJURY AS A RESULT OF THE DECEMBER 15, 2008 ACCIDENT

The Plaintiff, Brenda Peay, claims to have sustained personal injuries, some of which are permanent, as a consequence of the December 15, 2008 accident.   She claims to have suffered a strain/sprain of her left shoulder, injury to her wrist, a strain of the neck, and an aggravation of a pre-existing degenerative condition of the cervical spine.

The defendant, State of Connecticut, contests the extent and the severity of any injuries, and denies that the Plaintiff was permanently injured as a result of the collision.

There is no question that the Plaintiff suffered, prior to December 15, 2008, from maladies to parts of the body which she claims to have injured in the motor vehicle accident.

In October of 2008 (Ex. 11), she was admitted to Norwalk Hospital, and underwent treatment for detox, concerning alcohol and cocaine.

After her incarceration began later in 2008, she was examined by prison medical staff.  (Ex. 2a.)   On December 2, 2008, she complained of shoulder pain on her left side, and indicated that she received treatment at Norwalk Hospital for the twisting injury in October of 2008.

When she was treated following the motor vehicle incident of December 15, 2008, she had no specific complaints of neck or back pain, and range of motion was recorded as “good.”  (Ex.2a.)

Following her release from confinement, Brenda Peay was seen at the Southwest Community Health Center in August of 2009.  (Ex. 3.) At that time, she complained of neck strain, left shoulder pain, and discomfort.

In January of 2010, upon the referral of her attorney, the Plaintiff was seen by The Bridgeport Chiropractic Group, Dr. Glenn Chasanoff, DC.

She was treated on a regular basis by Dr. Chasanoff, between January 6, 2010 and April 29, 2010.   She has not received medical treatment since that date.

The Plaintiff claims, by way of economic damages, a total of $5,850. for her treatments by the chiropractor.   Dr. Chasanoff stated that the Plaintiff sustained a 5 percent permanent impairment of her cervical spine as a result of the December 15, 2008 incident.  (Ex. 4c;  Ex. 9.)

A claim is also made for the cost of an MRI examination, in the amount of $2,332.  (Ex. 10.)   A portion of that bill was subject to a write-off.

The testimony of Dr. Chasanoff (Ex. A), is entitled to little weight, and the court does not credit his evaluation of permanent injury.

Dr. Chasanoff did not see the Plaintiff, Brenda Peay, until more than one year following her motor vehicle accident.   He did so, following a referral from her attorney.

The chiropractor admitted that he did not review any of the records concerning the medical treatment obtained by Brenda Peay while she was incarcerated, or any information concerning preexisting conditions.   He had no knowledge concerning the twisting injury to the left shoulder described by Brenda Peay during her examination at Niantic.  (Ex. 2.)

It is therefore found that the Plaintiff has failed to prove that she suffered any permanent impairment, as a consequence of the December 15, 2008 incident, the opinion of Dr. Chasanoff notwithstanding.

It is further found, that the Plaintiff did sustain injury to her wrist as a result of the incident, which required treatment, and a brace.

Furthermore, the nature of the collision, as described by the Plaintiff, is sufficient to produce injury to her neck and shoulder area, although such injury was not manifest upon her initial examination.

In light of the fact that Brenda Peay did not undergo physical therapy or similar treatment while incarcerated, it is found that a portion of the treatment administered by Dr. Chasanoff was reasonable and necessary.

It is also reasonable, that an MRI examination would be ordered, in order to rule out any injury which had not been detected.

DAMAGES AWARDED

It is found, that the Plaintiff, Brenda Peay, should recover of the State of Connecticut the following, by way of damages:

ECONOMIC DAMAGES

Bridgeport Chiropractic Group (1–6–10 through 2–4–10) $1,540.00

Advanced Radiology Consultants (MRI Exam) $1,050.00

TOTAL $2,590.00

NON–ECONOMIC DAMAGES

Pain and Suffering, Interruption of Life's activities $3,500.00

TOTAL DAMAGES $6,090.00

Judgment may enter in the amount of $6,090.00 in favor of the Plaintiff, Brenda Peay.

RADCLIFFE, J.

Radcliffe, Dale W., J.