Page 32 - CLT062121

32 ■ JUNE 21, 2021 CONNECTICUT OPINIONS
because defendant was not a state actor, there The court awarded economic damages related
was no private cause of action. to plaintiff’s medical expenses, and awarded
$15,000 in non-economic damages.
MOTOR VEHICLE TORTS • DAMAGES
Court Awards Plaintiffs Medical
Court Awards Damages for Diminished Expenses in Motor Vehicle Accident
Value and Loss of Use in Motor Vehicle CASE: Rios v. Knight
Collision COURT: Fairfield J.D. at Bridgeport
DOC. NO.: CV-18-6081153
CASE: Steadman v. Ciabattoni COURT OPINION BY: Cordani
COURT: Fairfield J.D. at Bridgeport DATE: June 01, 2021 • PAGES: 5
DOC. NO.: FBT-CV19-6091426 S Defendant failed to properly stop her motor
COURT OPINION BY: Welch vehicle, and collided with plaintiffs’ vehicle
DATE: May 27, 2021 • PAGES: 8 when it was stopped at a traffic intersection.
Plaintiff was operating his motor vehicle in Both parties stipulated to the defendant’s lia-
a parking lot when defendant failed to yield bility in the accident, however the court noted
the right-of-way and collided with plaintiff’s neither plaintiff sustained medically verifiable
vehicle. Plaintiff brought a negligence action permanent injuries. The court noted that one
for damage to his vehicle, including diminu- plaintiff was not a reliable witness and mate-
tion in value, loss of use, loss of life’s enjoy- rially exaggerated the extent of her injuries.
ment, and annoyance. The court found de- The court found both plaintiffs had incurred
fendant was negligent, and that negligence medical expenses as a result of the accident,
was the proximate cause of the collision. and awarded plaintiffs medical expenses and
Plaintiff’s expert testified the total damages damages for pain and suffering.
to his vehicle was estimated around $8,900,
and the court agreed to the diminished value
of the vehicle. Plaintiff presented testimony PERSONAL INJURY
regarding the daily rental rate of a like ve-
hicle as evidence of his loss of use, which the Governmental Immunity Applies Where
court deducted based on the age and daily Minor Injured on Playground
use of the vehicle. The court found the plain-
tiff’s loss of time, inconvenience, and annoy- CASE: Wright v. Kompan, Inc.
ance were not recoverable for a motor vehicle COURT: New Haven J.D. at Meriden
diminished value claim. DOC. NO.: CV-17-6011226
COURT OPINION BY: Sizemore
DATE: May 27, 2021 • PAGES: 16
Court Awards Economic and Non- Plaintiff, a minor, was injured in the play-
Economic Damages in Motor Vehicle ground area while he was at recess as a stu-
Accident dent at a public school. Plaintiff brought
claims of negligent design, construction, in-
CASE: McCree v. Braswell stallation, maintenance, inspection and super-
COURT: Hartford J.D. at Hartford vision of students against the manufacturer
DOC. NO.: CV-19-6120625 of the playground equipment, as well as the
COURT OPINION BY: Scholl town as the owner and controller of the park
DATE: May 20, 2021 • PAGES: 5 in which he was injured. Plaintiff alleged that
Plaintiff was injured when defendant failed to the playground equipment was installed at a
yield and rear ended plaintiff’s car as she was height exceeding the internal standards of the
stopped at a traffic signal. The court noted town’s parks and recreation department. The
the violent nature of the collision, citing that town moved for summary judgment, arguing
plaintiff’s car seat broke, her bumper became the claim was subject to governmental im-
dislodged, and the vehicle was determined to munity. The court agreed finding the town’s
be a total loss. The court further noted that actions were discretionary rather than min-
plaintiff sustained ongoing injuries to her isterial. Plaintiff argued he was an identifi-
neck and knees which required an emergen- able victim in imminent harm because he was
cy room visit and physical therapy sessions. compelled to attend public school attendant,
CONNECTICUT
Law Tribune