Vol. 57 No. 6

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Improper lookout, following too closely

June 2021

Nancy Rodriguez, 41, was driving with her 17-year-old daughter as passenger. While stopped at an intersection waiting to turn left, they were rear-ended by a vehicle being driven by Abreu Andrade.

Rodriguez suffered a knee injury that necessitated surgery. She now walks with a limp and will require future physical therapy. Her daughter suffered a sprained foot and a right acetabular tear that required arthroscopic surgery. Rodriguez’s medical expenses were $48,800, and her daughter’s medical expenses totaled approximately $76,500.

Rodriguez and her daughter sued Andrade and the owner of the vehicle he was driving, alleging failure to keep a proper lookout and following too closely.

The court awarded the plaintiffs more than $424,800.

Citation: Rodriguez v. Andrade, No. CV-18-6027124-S (Conn. Jud. Dist. Danbury Aug. 24, 2020).

Plaintiff counsel: AAJ member Nathan C. Nasser, Danbury, Conn.

Plaintiff experts: Paul Tomaszewski, orthopedics, Southbury, Conn.; David Bomback, orthopedics, James DePuy, orthopedics, and Joseph DiGiovanni, orthopedic surgery, all of Danbury; and Michael Murphy, orthopedics, Guilford, Conn.

Defense expert: Samuel Worderman, biomechanics, Pittsburgh.