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VERDICTS & SETTLEMENTS JULY 6, 2020 ¦ 27

When he fell, he injured his lower Shiwgobin, 51, had to leave his
back, left leg and left foot, the law- job working for a Macy’s distribu-
suit says. tion center in Cheshire after the
The case settled for $250,000 with fall, Bartlett said. He incurred about
Budhai’s homeowner’s policy, and $88,000 in medical expenses.
Bartlett has a case pending against Bartlett said his client had sur-
the two owners of the property. Weather records indicated gery to his back, which, he said,
ice had accumulated in the left Shiwgobin with pain and
The attorney said he needed driveway for at least 24 to decreased range of motion. Shi-
documentation to prove there wgobin, Bartlett said, also has a
was no collusion—lots of docu- 48 hours before the fall.

mentation. condition known as “drop foot”
“There were questions from the because of the fall.
defense on whether or not the Representing CSAA Affinity In-
plaintiff had lived with the defen- surance Co., Budhai’s insurance
dant. He did not,” Bartlett said. carrier, were Joseph Andriola and
“So we went to get the records Sean Caruthers, both with Neu-
from the Department of Motor Vehicles and bank bert, Pepe & Monteith in New Haven. Neither attorney
records to show he owned a house in Waterbury. We responded to a request for comment Wednesday.
also obtained the services of a meteorologist, who But in court pleadings, the defense put the blame
said based on a review of weather records, that the on the plaintiff. They alleged Shiwgobin failed to
ice had existed in the driveway for at least 24 to 48 “keep and maintain a reasonable and proper look-
hours before the fall. There was a lot of leg work we out” and “failed to make reasonable and proper use
did to dispel the collusion claims.” of his senses and faculties.”
The defense team had offered $50,000 to settle the ¦

matter; Bartlett said no. The defense, though, after Robert Storace covers legal trends, lawsuits and
faced with the bank and DMV records and, espe- analysis for the Connecticut Law Tribune. Follow
cially the weather records, did agree to pay $250,000 him on Twitter @RobertSCTLaw or reach him at
of the $300,000 policy limit, Bartlett said. 203-437-5950.

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