Angelica M. Llanos v. City of Norwalk (2014)

MEMORANDUM OF DECISION

This is a cause of action brought by the plaintiff, Angelita Llanos, for injuries claimed to have been caused in an automobile accident with the defendant, Ronald Pine, a Norwalk police officer who was operating a police car owned by the defendant, the city of Norwalk.   The accident occurred in South Norwalk on July 15, 2008.

The complaint alleges that the defendant, Pine, was negligent and failed to grant the plaintiff her statutory right-of-way when she was proceeding southbound on S. Main St. The plaintiff further claims the defendant violated the state statutory stop sign requirements, failed to maintain a proper lookout and failed to keep proper control of his vehicle.

The claim is that the defendant, rather than allowing the plaintiff's vehicle to pass pursuant her right-of-way, he attempted to cross S. Main St. to enter a driveway and in doing so drove into the path of the plaintiff's oncoming vehicle causing a collision and resultant in injuries.

The defendants have filed a counterclaim seeking damages for the police vehicle being operated by the defendant, which was not pursued.

Based on the evidence submitted at the hearing, the testimony this court found credible and the post-trial briefs of the respective parties, the court has made the following factual and legal conclusions.

The defendant Ronald Pine is a member of the Norwalk Police Department who was operating a police car owned by the defendant, the City of Norwalk.   At all times the defendant was not operating his emergency strobe lights, had not activated his siren and it did not have his headlights on.   In fact, the defendant was simply intending to return to the Police Department located on S. Main St.

The defendant was operating his vehicle on Elizabeth Street in Norwalk.   Elizabeth Street terminates at a main highways, which is designated as North Main Street and South Main St. There is a stop sign controlling traffic located at the end of Elizabeth Street and no traffic control signals for either of the Main Streets.

The defendant brought his vehicle to a stop at the intersection of N. Main Street and was intending to cross N. Main St. and then S. Main to enter the driveway of the police station located on S. Main St. After a vehicle had stopped and allowed him to cross N. Main St. he stopped at the intersection of S. Main St. At that time defendant had an unobstructed view of S. Main St. and claims he noticed the plaintiff's vehicle traveling southbound on S. Main St., 30 to 40 feet from his vehicle.

The defendant made no attempt to make any further observation of this vehicle approaching from his right and although he was certainly aware traffic on S. Main St. had the right-of-way, especially a vehicle approaching him from a distance of only 30 to 40 feet, the defendant, without looking, attempted to drive his vehicle across S. Main Street to enter the driveway of the police station.   In so doing, the defendant drove his vehicle into the path of the plaintiff's oncoming vehicle causing the collision.

It is the opinion of the court that the sole proximate cause of this collision and subsequent injuries suffered by the plaintiff was the negligence of the defendant Ronald Pine operating a vehicle owned by the defendant the city of Norwalk.   The defendant failed to maintain proper lookout, failed to keep proper control of his vehicle, violated the plaintiff's statutory right-of-way in violation of C.G.S. Sec. 14–245 as well as failing his obligation to comply with the statutory requirements for a stop sign, C.G.S. Section 14–301(c).

It is further the opinion of this court that there was no negligent conduct on the part of the plaintiff which caused or contributed to this collision.

The plaintiff is a gracious 25–year–old mother of two.   She recently arrived from Colombia, and is or in the process of becoming an American citizen.   In addition to raising her two minor children, she works as a full-time waitress in Norwalk.   As a recent arrival to this country the plaintiff speaks English, but not fluently.

Immediately after the collision, the plaintiff suffered bleeding cuts and bruises on her left hand and pain in both knees.   Later, on the day of the accident she was brought to the Norwalk hospital by her sister.   Her complaints at that time were pain in her posterior neck, upper back and left hand.   She was diagnosed with a cervical strain and left hand contusions.

On January 23, 2008, she sought treatment at the Advanced Health Professionals.   She was treated at the group, by a Doctor Mullin.   He diagnosed the plaintiff with mechanical neck pain of facet discogenic origin, cervical sprain and strain as well as pain in the trapezium muscle.   He also diagnosed a contusion of the left hand and left knee.

She was released from treatment on September 17, 2008 and subsequently evaluated to have a 6% permanent partial impairment in relation to her cervical spine.   The plaintiff had never before or since suffered any similar injuries.

As a result of the injuries the plaintiff experiences difficulty on a daily basis with respect to taking care of her children as well as the physical requirements of working as a full-time waitress.   Her life expectancy is actuarially 58.3 years.

It is the finding of this court that the plaintiff suffered $3,967.49 in economic damages, as well as $24,000 in noneconomic damages.   Accordingly, judgment for $27,967.49 plus costs is entered for the plaintiff Llanos against the defendants, Pine and the city of Norwalk on the complaint.   The court further finds for the plaintiff on the counterclaim.

GILARDI, J.T.R.

Gilardi, Richard P., J.T.R.