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reiterate what his client had told him about his live- Fitzsimmons was picking up traffic cones from
lihood. the road from his work truck when he fell, accord-
While the company was offering less than ing to Seiden. A Ford F750 attenuator truck, which
$100,000, Workers’ Compensation Commission- weighed about 13,000 pounds, then ran over his left
er Donald Doyle put a value of leg, crushing it and fracturing
$225,000 on the case. Both sides several bones, Seiden said.
eventually agreed to that amount “The back tire of the truck
Wednesday. drove directly over Stephen’s left
Fitzsimmons, a 55-year-old leg,” the attorney said.
West Haven resident, had spoken Seiden said his client has had
directly to Doyle, his attorney said. “Here you have a laborer, two surgeries to his left leg to re-
“That testimony was power- and his body is the most pair fractures.
ful,” Seiden said. “He is a straight “There is also significant liga-
valuable body part. His
shooter and has been a hard future now for employment ment damage and bruising and
worker his entire life. He talked pain,” he said.
about how this incident signifi- is very limited,” attorney Fitzsimmons was receiving
cantly affected him. He relied on Daniel Seiden said
his body, and now he is relegated $572 a month in workers’ com-
to using a cane.” Wednesday. “He walks with pensation benefits, but those
a cane, and is unlikely to benefits will now stop with the
The company—which provides ever do that kind of work approval of the $225,000 payout,
services in marking, striping and again.” Seiden said.

lining roadways—had argued Defense counsel, Terrance
that Fitzsimmons’ injuries were Brennan of McGann, Bartlett &
from previous medical issues that Brown in East Hartford, didn’t re-
weren’t related to the on-the-job spond to a request for comment
incident, the attorney said. Wednesday.
“He did have preexisting issues ¦

with his knees and ankles,” Seiden conceded. “But Robert Storace covers legal trends, lawsuits and
while they may have been underlying, he was work- analysis for the Connecticut Law Tribune. Follow
ing every day prior to this accident. This accident him on Twitter @RobertSCTLaw or reach him at
has prevented him from working.” 203-437-5950.

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