Kim Fenske, 52, was riding on the back of a motorcycle driven by her husband, Gary, when they approached the back of a truck driven by Frank Maratta, who had stopped in front of a driveway. Fenske’s husband attempted to drive around the truck on the right side. Maratta then turned right toward the driveway, colliding with the motorcycle. Fenske was thrown from the motorcycle and sustained multiple injuries, including a fractured left ankle, facial lacerations, and a left corneal abrasion. She underwent several surgeries and incurred medical expenses of about $99,180. She will likely require future surgery to remove orthopedic hardware.
Fenske sued Gary and Maratta, alleging that Gary failed to keep a proper lookout and avoid the collision and that Maratta failed to use his turn signal. Suit also claimed that Maratta’s vehicle had a broken taillight.
Maratta asserted that Gary Fenske was responsible for the collision. The plaintiff responded that Maratta indicated he was turning left but instead turned right.
The parties settled during trial for $500,000. Maratta contributed $400,000, and Gary Fenske paid the rest.
Citation: Fenske v. Fenske, No. UWY CV-09-5014450 (Conn., Waterbury Jud. Dist. Feb. 8, 2011).
Plaintiff counsel: Joseph D. Foti and Patricia M. Cruz, both of Cheshire, Connecticut.