Representative Defense Cases

DEFENSE CASES TRIED TO VERDICT SOLELY BY JOHN W. MILLS

1. Christine Shea v. Kevin Beck, Waterbury, CV 92 0108383 S (August, 1994)Auto case. Plaintiff was former Miss Connecticut who was injured along with her boyfriend in head-on collision caused by defendant who had to swerve b/c of non-contact vehicle passing in opposite direction. Plaintiff sustained forehead scarring. State Farm offered $35,000. Plaintiff’s demand $60,000. Jury returned defendant’s verdict.

2. Frederick Asare v. Mark Judge, New Haven, CV 91 0311738 S (October, 1994) Auto case with plaintiff claiming soft tissue injuries after being struck from behind by defendant. State Farm offered $24,000. Plaintiff’s demand $36,000. Jury returned defendant’s verdict.

3. Gregory Jaeger v. Angela Vaccarelli, Milford, CV 93 0044062 S (March, 1996) Auto case wherein the plaintiff was assessed with a 5% cervical impairment after being struck from passenger side in a parking lot. $12,000.00 offered by State Farm. Plaintiff’s demand $20,000. Jury returned defendant’s verdict.

4. Irene Rathkopf v. Jack Hanna, Danbury, CV 91 0306803 S (May, 1996) Severe rear property damage in a hearings in damages case, wherein plaintiff’s vehicle hit from behind and pushed forward 116 feet into pole. The plaintiff claimed injuries to her neck and back, along with possible tear of ACL in right knee. $45,000 offered by Hanover. $85,000 demand. Jury returned verdict for plaintiff in the amount of $15,000.

5. Mary Ann Musolino v. Frank Cummings, Stamford, CV 93 0132008 S (April, 1997) Plaintiff had knee surgery after fall in driveway on loose marble chips allegedly put down by landlord after tenancy began. Middlesex Mutual offered $50,000. Demand by plaintiff $125,000. Jury returned defendant’s verdict.

6. Rusell Workiewicz v. Cara O’Brien, Bridgeport, CV 92 0295006 S (November, 1994) Child dart out case tried by Jason Tremont for plaintiff. The Plaintiff was a 13 year old girl who had undergone arm surgery to repair tendon caught in fracture site. State Farm offered $30,000. Demand $75,000. Jury returned defendant’s verdict.

7. Jose Rivera v. Phillip Boettcher, Bridgeport, CV 92 0290941 S (Feb., 1995) Plaintiff injured in motorcycle accident after being cut off by defendant. Claimed a herniated disc and need for surgery per Dr. Lipow. $60,000 offered by Hanover Insurance Co. Plaintiff’s demand $100,000. Jury returned plaintiff’s verdict in the amount of $7,426.71.

8. John Giaquinto v. Robert Masek, New Haven, CV 92 0331046 S (Sept., 1995) Traumatic brain injury claim w/ opposing neuropsychologists. Chain collision. No proof as to liability on part of my client, who was at rear of multi-vehicle accident. 3 week trial involving expert testimony from seven different doctors. Infinity Insurance Co. offering $10,000. Jury returned defendant’s verdict for my client.

9. Thomas Geraghty v, Jon Porter, Danbury, CV 94 0315563 S (May, 1997) Disputed turn accident. Plaintiff claiming herniated disc/need for surgery per Dr. Ramon Batson at a cost of $25,000. Never returned to work after accident, $140,000 lost wage claim. $35,000.00 offered by Safeco, plaintiff’s filed Offer of Judgment for $350,000.00. Judge Moraghan recommended $120,000.00. Jury returned defendant’s verdict.

10. Vincent Ferrucci v. Anne Raines, New Haven, CV 95 0632212 S Plaintiff claims neck and back injury when struck from rear in parked car. $18,000 offered by State Farm prior to trial. Jury did not find causal connection between impact and injuries, returned defendant’s verdict.

11. Maria Mazzola v. Dorothy Tiani, et al, Stamford, CV 93 0129647 S (July, 1997) Plaintiff struck from behind by defendant while at a stop sign. The plaintiff suffered a shoulder injury which ultimately required seven surgeries and removal of part of her clavicle. Defense contended surgeries connected to prior carpal tunnel complaints. Plaintiff presented $90,000 in medical expenses and 38% disability of left shoulder and scarring. Lost wage claim of $220,000 Prior to trial Middlesex Mutual offered $275,000 and offer of judgment filed by defense. Demand $600,000. $1.3 million in total coverage. Jury returned a verdict of $109,528.00, which was substantially reduced by collateral sources. Case settled for $60,000 after trial.

12. Hajdu v. Bassewitz, Stamford, CV 92 0125444 S. (Sept. 1997) Defendant strikes plaintiff after making left turn into his lane from private parking lot after being waved out by non-contact vehicle. Plaintiff has 11% cervical by neurologist, Dr. Xistris. $32,000 in medical special damages and $30,000 in lost wages. Plaintiff adamant for full $100,000 State Farm policy b/c excess available. Defense filed offer of judgment for $60,000. Jury awarded $42,000 economic damages, $0 non-economic. 25% comparative negligence, total verdict $31,500. Reduced to $15,000 after collateral source hearing.

13. Shade v. Cisneros, et al, New Haven Federal Court, 3:94CV00774 (EBB) (Federal Court) (April, 1998). Two minor children with lead poisoning sue two landlords (Yost and Diduca) as well as New Haven Housing Authority. Offer $50,000.00 by Middlesex. Lowest demand $600,000. Children repeatedly hospitalized at Yale for chelation; Dr. David Schonfeld testified for plaintiffs. Jury award is $550,000: $400,000 against City, $100,000 against Diduca, $50,000 against my client, Yost. Judge Ellen Burns.

14. May v. Jones, Hartford, CV 97 0568585 S (Feb. 1999). Judge Langenbach. Plaintiff was rear-ended by tractor trailer. Claimed neck and back injuries, along with left shoulder problem. Collapsed lung as a result of trigger point injection administered after accident. $8,500.00 medical specials. Lost wage claim of $13,000.00. Demand $50,000.00. Offer by Jones Motor Co. is $30,000.00 w/ defendant’s offer of judgment for that figure. Jury award $3,000.00 economic, $0 non-economic. Collateral source credit reduced award to $0.

15. Jeremy Hackling v. Casbro Construction of Rhode Island, New Haven, CV 94 0368552 S (July, 1999). Judge Levin. Plaintiff suffered a fractured skull when a concrete block was thrown off construction trailer by defendant’s driver. $8,000.00 in medical special damages, $1,500.00 lost wages. Both plaintiff’s expert, Dr. Gilstein, and defense expert, Dr. Sass, agree that plaintiff had premorbid IQ of 109, post-accident IQ of 88. Gilsetin relates loss of IQ to the accident. Sass attributes this to a learning disability that was never previously diagnosed. Both psychologists agree that plaintiff has major depression and mood disorder, and needs future treatment. $65,000.00 offered by Canal Insurance Co., with authority to go to $100,000.00 if it will settle the case prior to trial. No interest from plaintiff, who would accept nothing below $185,000.00. Jury verdict of $38,000.00 reduced by 50% for plaintiff’s comparative liability for failure to wear a hard hat. Final verdict $19,000.00.

16. Frank Johnson v. Gregory Strickland, CV 98 0350826 S (October, 1999) Bridgeport Superior Court (Mottolese, J.). Plaintiff struck from behind by defendant while stopped at a stop sign. 5% cervical impairment. $5,200.00 total special damages. Defendant claims he was pushed into plaintiff by hit and run vehicle. Demand $20,000.00, no offer by State Farm. Jury found for plaintiff, awarding $4,354.07 in economic damages. $0 for non-economic damages.

17. Shade v. Cisneros (II), 3:94 CV 774 (EEB) District Court in New Haven. Second trial on damages only after trial court first trial should have been decided pursuant to joint and several liability. Prior jury had apportioned damages of $600,000 among defendants in mined by prior jury in 1998. Demand by plaintiff is amount of original verdict - $600,000. Although defendants had combined settlement authority of $235,000, no discussions took place. Jury returned a defendants’ verdict on January 31, 2000, finding that the plaintiffs had not proven proximate cause. Damages, including 17 days of hospitalization, not causally related to lead poisoning from the insured premises.

18. Mazzacane v. Elliott, CV 97 0059256 S (October, 2000), Milford Superior Court (Arnold, J.). Plaintiff Robert Mazzacane was a passenger in a car rear-ended by our insured, Robert Elliott, on the Merritt Parkway. $5,400.00 in damage to the rear of the plaintiff’s vehicle, which was totaled. The plaintiff had undergone lumbar surgery two weeks before the accident. He alleged an exacerbation, along with a herniated cervical disc. He had neck fusion five months after the accident. Total medical bills were $51,000. Lost wages of $9,000. The plaintiff had a 25% disability of the neck and an additional 10% of the back from his surgeon - Dr. Engel. Safeco offered $150,000 and an offer of judgment was filed in that amount. Demand was $400,000, later decreased to $380,000. Jury returned a verdict on October 31, 2000 in the amount of $10,608.99 ($5,608.99 economic damages and $5,000 non-economic damages).

19. Tetu v. Coleman, CV 99 03633523 S (July, 2001), Bridgeport Superior Court (Melville, J.). Plaintiff Gary Tetu was driver of a vehicle rear-ended by Jerry Coleman, a 300 lb. man traveling with his wife in a van at approximately 30 mph. Plaintiff diagnosed with a herniated cervical disc. Medical bills of $6,967.00. Plaintiff is a painter. Claimed that he could not work after the accident. Offer $40,000 by State Farm, based largely on surveillance video showing he plaintiff moving his head freely while driving around with friends. Demand $100,000 policy limits. Verdict for plaintiff $130,740. Economic damages of $103,250.00 Non-economic damages only $27,500. Post-trial contacted by two jurors after trial regarding juror misconduct. Trial court found misconduct, but case settled before fully resolved

20. Canal Insurance Company v. Barbara Haniewski, CV 98 0417942 S, New Haven Superior Court (Blue, J.). Declaratory judgment action before Judge Blue to determine whether a $1 million dollar policy was properly canceled. Plaintiff-decedent’s estate obtained $5 million dollar verdict in the underlying tort case in Middletown. Judge Blue finds in favor of the plaintiff on the coverage issue, ruling that the policy was properly canceled. However, case continues in federal court on MCS-90 endorsement issue and whether endorsement canceled pursuant to federal law.

21. Daniels v. Purdy, CV 99 0065831 S (Sept., 2001), Milford Superior Court (Lager, J.). Defendant backed into the plaintiff at a shopping center. Plaintiff had undergone prior cervical fusion, claims exacerbation. Plaintiff had heavy medical treatment, with cervical pain injections with a pain specialist, Dr. Brennan. Plaintiff has a 10% cervical disability from orthopedic surgeon, Dr. Staub. She had $21,483.35 in medical special damages. Initial demand was $300,000 policy limits, down to $75,000 at the end of jury selection. Final offer by Middlesex Mutual was $45,000. Defendant’s verdict.

22. Earlene Smart v. ACIC, CV 00 032157 S (Jan., 2002), New Haven Superior Court (Berdon, J.). Plaintiff’s case tried before Justice Berdon as a court-side matter. Plaintiff a passenger in taxi hit by uninsured driver. Soft tissue injuries to neck and back. $7,000 in chiropractic treatment. Plaintiff with prior felony convictions for narcotics. Willing to settle for court’s figure of $19,000. Offer only $15,000 by insurance company in UM case. Court award to my client after trial $45,000.

23. Alonda Boone v. Fred Kent, CV 99 0432005 S, New Haven Superior Court. An 8 year old girl rode her bike into street, and was struck by defendant. The plaintiff sustained fractured clavicle. State Farm contested liability, and only offered to pay the medical bills of $3,500. Court recommended $9,000. The case was tried before Judge Skolnick in October, 2002. Defendant’s verdict.

24. Steven Hyduck v. Middlesex Mutual Assurance Co., CV 00 0441006 S, New Haven Superior Court (Radcliffe, J.) Traumatic brain injury case. Plaintiff previously collected $100,000 from the tortfeasor, which was paid by Nationwide pursuant to arbitration award rendered by Gerry Cooper in the amount of $150,000. Plaintiff thereafter demanded $200,000 remaining UIM limits from Middlesex. MMA willing to offer $50,000 to match the $150,000 awarded by Cooper. Six experts testified at trial: (Drs. Gilstein, Tucker, Aronson and Funk for plaintiff; Dr. Sass and Dr. Tucker for defendant). Attorney Grudberg argued for $500,000 during final argument on the basis that the plaintiff had to give up his painting business and move to Colorado to live with his sister. Jury awarded $10,280 in economic damages, $0 for non-economic damages. Judgment later entered for defendant for plaintiff’s failure to recoup damages above the $100,000 policy limits paid by Nationwide pursuant to Fahey v. Safeco.

26. Sandra Mejia v. Marilyn Ward Ford, et al, CV 02 0191949 S. Stamford Superior Court. Rear end collision on I-95. Plaintiff claiming herniated cervical disc. Defendant insured by State Farm is a law professor at Quinnipiac Law School. Plaintiff presented with medical especial damages in the amount of $12,302, which were mostly unpaid. She was assigned 7% permanency of the cervical spine and 5% lumbar by Dr. Maria Passaro and a neurosurgeon, Dr. Roger Kaye. Defense presented expert testimony from IME physician Lewis Bader, who testified herniated disc was small and not causally related to accident. State Farm offered $18,000 prior to trial. Demand was $75,000. Jury returned verdict in favor of plaintiff on November 24, 2004 in the amount of $3,289.75, awarding $0 for pain and suffering.

27. Steven Amarante v. Melody Walton, et al, CV 03 0286240 S. Meriden Superior Court (Taylor, J.). Case tried to verdict 2/06. Plaintiff claimed injuries as a result of a rear-end collision. Case tried as a hearing in damages. Plaintiff claimed medical bills of $3,142.09. 5% ppd for vertigo. Allstate offer was $12,000. Demand $15,000. Jury award of $1,717.32 economic damages, $0 for non-economic damages.

28. Peter Turzer v. David Prenata, CV 04 0408927 S. Bridgeport Superior Court (Richards, J.). Case tried to jury verdict May, 2006. Plaintiff alleged neck and back injuries as a result of being hit from behind by defendant on exit ramp. $8,247.33 in medical special damages and 20% ppd of the neck by Dr. Paul Carpenter, local chiropractor. Demand $45,000. Offer by Allstate $6,600 because of gaps in treatment. Jury returned defendant’s verdict even though no special defense pled by former (house) counsel.

29. Stephen Gospodinoff, Sr., et al v. Dana Brown, CV 04-0200866-S. Stamford Superior Court (Downey, J.). Case tried to verdict on September 29, 2006. Plaintiffs Stephen Gospodinoff, Jr. (driver) and Stephen Gospodinoff, Sr. (passenger) allege to have sustained neck and back injuries as a result of being hit from behind by our insured operator while stopped at a red light. Plaintiff operator submitted medical special damages of $18,000. Plaintiff passenger submitted medical special damages of $12,000. Demand prior to trial was $180,000 ($90,000 each). Jury awarded plaintiff operator $822.70 in medical bills, $0 pain and suffering. Plaintiff passenger awarded medical bills of $1400 and $0 pain and suffering.

30. Melvin Natter v. Allstate Insurance Company, CV 03 0081977 S. Derby Superior Court (Esposito, J.) Case tried to jury verdict on January 16, 2007. Plaintiff Melvin Natter was struck from behind by an uninsured operator, sustaining neck and back injuries. The plaintiff treated extensively, receiving 9 epidural pain injections and amassing more than $30,000.00 in medical bills. The plaintiff demanded the $50,000.00 policy limits. As the plain tiff had treated two years prior to the accident for severe back pain, and has extensive degenerative changes, Allstate was unwilling to tender the policy limits. The plaintiff called three treating physician to testify live at trial. The defense presented testimony form one independent radiologist concerning the plaintiff’s pre-existing degenerative problems. After six hours of deliberation, the jury awarded the plaintiff $3,725.63 in economic damages, and $30,000.00 in non-economic damages, resulting in a verdict well within the policy limits.

APPELLATE CASES - CONNECTICUT COURTS

(All cases briefed and argued solely by John Mills)

Connecticut Appellate Courts

Hackling v. Casbro Construction, 67 Conn. App. 286 (Dec. 11, 2001); prevailed on behalf of the defendant in trial appeal taken by plaintiff after jury trial (trial #16 above).

Kitmirides v. Middlesex Mutual Assurance Co., 65 Conn. App. 729 (2000); prevailed in appeal taken by plaintiff after declaratory judgment action found no insurance coverage. Although the plaintiff appealed to the Connecticut Supreme Court, that Court affirmed the Court of Appeals and found in favor of Middlesex. 260 Conn. 336 (2002).

Mazzacane v. Elliot, 73 Conn. App. 696 (November 26, 2002); prevailed on behalf of defendant in trial appeal taken by the plaintiff (trial # 19 above).

Stephens v. Hoerle, 39 Conn. App. 253 (1995); 235 Conn. 928 (1995); prevailed on behalf of defendant before both the Connecticut Court of Appeals and the Connecticut Supreme Court after the plaintiff’s case was dismissed by trial court for failure to comply with discovery pertaining to mental health records.

Stanley v. Martone, 40 Conn. App. 903 (1996); prevailed on behalf of the defendant after plaintiff appealed from summary judgment ruling in premises liability case wherein trial court held plaintiff could not recover because injury took place in wholly demised premises.

Willard v. Travelers Insurance Co., 247 Conn. 331 (1998); prevailed in insurance coverage appeal, trial court reversed on summary judgment ruling. Day, Berry & Howard settled the case on behalf of adverse party after decision published but before case went to trial.

Rocco v. Garrison, 268 Conn. 541 (2004). After obtaining summary judgment against plaintiffs in federal court on statute of limitations defense they re-filed in state court pursuant to accidental failure of suit statute. After obtaining summary judgment against plaintiffs in state court, they appealed. Connecticut Supreme Court chose to hear the case as matter of first impression. Court reversed, holding that accidental failure of suit statute in fact covers federal cases even when service not attempted under federal rules until after the expiration of the state statute of limitations.

Lombardi v. Cobb, 99 Conn. App. 705 (2007); although the Appellate Court ruled in favor of sustaining a remittitur granted by the trial judge, the was one dissenting opinion in favor of the appellant. The case discusses the amount of discretion to be afforded to the trial court to modify damage awards, and will be widely cited.

Federal Cases - 2nd Circuit Court of Appeals

Shade v. Cisneros, Docket No. 00-6160 (April 30, 2001). Defended plaintiffs’ appeal of lead paint verdict tried to jury in District Court which had resulted in defendant’s verdict at trial. Plaintiffs prevail, as court finds co-defendant’s request for joint and several liability was improper. Case against defendant insured by Middlesex Mutual settled for $50,000, which was the amount of our original offer.

Peck v. Public Service Mutual Insurance Co., Docket No. 01-9459 (April 17, 2003). Insurance coverage dispute. Prevailed in appeal taken after District Court granted summary judgment; District Court reversed and case remanded for trial. Case subsequently resolved.

U.S. Supreme Court

Peck v. Public Service Mutual Insurance Co., Docket No. 03-0393 (November 12, 2003). Supreme Court denies the defendant’s petition for writ of certiorari.

All appellate decisions have been published, and copies of

any decision(s) will be forwarded for review upon request.