Trial Magazine

Gabriel Goncalves, a 12-year-old on the autism spectrum, was riding a school bus operated by Mark Hudobenko. During the trip, Hudobenko swerved at 45 mph, 15 mph over the speed limit, causing the vehicle to leave the road and collide with a tree. Goncalves suffered serious injuries in the crash, including brain hemorrhages, a skull fracture, and lacerations.

Goncalves has been diagnosed as having a traumatic brain injury that has led to dramatic negative behavioral changes, sensory hypersensitivities, and memory impairment. He had been attending a public school but was unable to continue. He is now enrolled in a behavioral program, which will potentially limit his residential options in the future. Goncalves’s medical expenses were approximately $129,000.

Goncalves’s mother, individually and on his behalf, sued Hudobenko and his employer, Worhunsky Corp., alleging that Hudobenko failed to maintain the 30-mph speed limit and control the school bus. Suit also named Utica Mutual Insurance Co., Hudobenko’s liability carrier and the uninsured motorist carrier for the school bus passengers.

Hudobenko argued that the driver of another vehicle on the road had crossed the centerline and that he had swerved to avoid a collision.

The jury awarded $23.05 million, apportioning liability at 74% to Hudobenko and 26% to the driver of the vehicle that allegedly crossed the centerline.

Citation: Goncalves v. Utica Mut. Ins. Co., Undisclosed Dkt. No. (Conn. Jud. Dist. Waterbury Nov. 22, 2019).

Plaintiff counsel: AAJ members Michael D’Amico and Jeremy D’Amico, both of Watertown, Conn.