PPA v. Mark Dixon et al. (2014)

MEMORANDUM OF DECISION

In this case the plaintiff has filed a two-count complaint seeking money damages for personal injuries sustained when the minor plaintiff was struck by the defendant Dixon's car when he was crossing Westfield Street in New Haven, Connecticut on November 30, 2011 at approximately 5:15 p.m. Suit was brought by the 13–year–old plaintiffs' mother in the first count against Mark Dixon and in the second count against GEICO insurance company for uninsured motorists coverage for the same injuries alleged in the first count.

This court heard the issue of liability only on March 19, 2014 in accordance with a motion to bifurcate.   Witnesses were the minor plaintiff Dijon Champagnie, defendant Mark Dixon, Kathleen Baumgart, and New Haven police officer Scott Curidnan.

Mr. Champagnie has given several inconsistent versions of how the accident occurred.   He has failed to prove that Mr. Dixon was negligent in the operation of his motor vehicle.   The defendants have proven that the plaintiff's injuries were caused by his own negligence when he ran into the side of the Dixon car when chasing a basketball into the street.

Judgments on liability on both counts are entered in favor of the defendants and against the plaintiff.

William L. Hadden, Jr.

Judge Trial Referee

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