Full Case Name:

Withheld

Court:

Withheld

Case Number:

Withheld

Judge/Mediator/Arbitrator:

Significant Legal Issues or Holdings:

Plaintiff Characteristics:  age, work history, earnings, family, etc.

Liability Facts:

The plaintiffs were a father and son who were going on a fishing trip. As the father was driving on Route 1-91 in Middletown Connecticut their car drove into the rear of the defendant's flatbed truck. The plaintiffs alleged that the defendant truck driver was driving below the minimum speed limit without adequate rear lights. The plaintiffs specifically alleged that the truck driver:

• drove too slow;
• failed to keep a proper lookout;
• drove recklessly under existing conditions;
•  failed to keep his vehicle under control,
• failed to observe his surrounding;

(f) failed to display proper lights.

The defendant argued that the driver of the plaintiffs' car was intoxicated and that he was the sole proximate cause of the accident. The driver of the plaintiff's car reportedly had a blood alcohol level of .20.  The father sustained a traumatic
brain injury and the son was killed. The son was the father of two little boys. When the case was called for trial it settled for the policy limits. A settlement was structured to provide lifetime payments to the brain-injured father, and guaranteed college tuition payments, lifetime annuities for both grandchildren.

Describe Physical Injuries by Plaintiff:

The surviving plaintiff sustained permanent brain damage.

Describe Special Damages by Plaintiff:

Plaintiff Experts & Specialty (Name/Address/Phone)

Defense Experts & Specialty (Name/Address/Phone)

Comments:  (Please add additional page(s) if necessary)

As submitting plaintiff’s attorney, I certify that the facts contained herein are true and accurate and hereby give permission to APITLAmerica® to publish this account of this case in any place they so choose, including, but not limited to, at APITLAmerica® CLEs, in any APITLAmerica® literature, on the APITLAmerica® website, in the APITLAmerica® newsletter, and in any books, articles, Powerpoints, presentations, and in any other means or method of publication or transmission in the total discretion of APITLAmerica®.  Furthermore, by my signature below, I also hereby release and provide to APITLAmerica® any copyrights to the information contained in this case report, and warrant that no other copyrights have been given to any other entity for this material.

Submitted by:

Plaintiff Attorney:

Edward C. Bassett, Jr., Esq., Mirick O'Connell

Phone:                                                   Fax:

(508) 898-1501                                            (508) 983-6233

Address:

1700 West Park Drive

Email Address:

ecbassett@modl.com

City/State/Zip

Westborough, MA 01581-3941

SIGNATURE: