Trial Magazine

Gary Middleton, 38, was walking on a sidewalk near his home when a Ford F-350 pickup truck driven by Christopher Roy left the roadway and struck Middleton before driving over him.

Middleton suffered serious injuries, including bilateral scapular fractures, pneumothorax, and fractured ribs. He underwent surgery and required five months of physical therapy plus home health care. He also experienced anxiety and depression, necessitating therapy. Middleton, who has permanent impairment in his upper extremities, incurred medical expenses of approximately $109,400. An attorney, he missed approximately five months of work and incurred $29,000 in lost income.

Middleton and his wife sued Roy and his father, who owned the pickup truck, alleging that Roy had been driving under the influence of alcohol and ketamine at the time of the incident.

The father’s insurer agreed to pay his $300,000 policy limits before suit was filed. Roy’s insurer paid his $100,000 policy limits shortly after suit was filed. The father’s umbrella carrier reserved its right to deny coverage, and the parties went to mediation. The case then settled for $1.15 million.

Citation: Middleton v. Roy, No. CV21-U6032079-S (Conn. Jud. Dist. Middlesex Cnty. Nov. 14, 2022).

Plaintiff counsel: AAJ member John N. Montalbano, West Hartford, Conn.; and AAJ members William Ronalter and James W. Bergenn, both of Hartford.