Verdicts / Settlements

As a serious personal injury practice in Connecticut, the verdicts and settlements are as you might expect quite varied. As a result, the available resources needed to undertake the analysis and handle similar cases for you is made much easier. The following represents only a sampling of case types sucessfully handled in Connecticut courts by Attorney Levin.

Trucking Accident

Ane v Hammer et al - This case involved a truck accident which had a significant impact upon an elderly person. In the absence of fractures or other injuries which resulted in early hospitalization attempting to get fair and adequate compensation was what led to considerable litigation before resolution. The Plaintiff focused upon not only the operation of the truck in question but on inadequate training and supervision of the refuse company's truck operators. The prospect of punitive damages perhaps contributed to the Defendant's recognition that the exposure at Trial was not worth the risk of excessive stinginess. The matter eventually resolved before former Federal Court Judge Magistrate Eagan in the vicinity of $200,000. Waterbury Superior Court(2009).

Trucking Accident/Auto/Car Accident

Santana v Delgrasse - This serious accident involving a garbage truck and its employed operator gave rise both a court action and proceedings before the Workers Compensation Commission. There was inadequate liability coverage so the Plaintiff insisted that the negligent party financially participate in the settlement by paying monies over and above the amount of his automobile coverage which is not easy to accomplish. This was achieved and in combination with workers compensation benefits resolved for a sum in excess of $300,000.New London Superior Court,Middletown Workers Compensation Commission(2010).

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Automobile/Car Accident

Ankrah v Zielinski - Court Judgement arising out of alcohol related motor vehicle accidnt in which Mr. Ankrah was a passenger. Settlement was reached with the Bar which sold alcohol to the driver to the point of intoxication seperately. The balance of the Court judgement which was not immediately collectible was obtained by obtainiing an injunction/lien against any proceeds to be derived from Mr. Zielinski's own personal injury case. $210,000. Hartford Superior Court(2006)

Automobile/Car Accident

Bezilla v Cloutier - Settlement shortly before trial arising out a motor vehicle collission. It was learned that the defendant motor vehicle operator had a depth perception impairment and her Opthamologist's testimony was preserved for use at trial. $875,000. Hartford Superior Court(2005)

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Motocycle Accident

Estate of Donald Loosemore v Dalida – Clent riding a motorcycle killed on route 9 and the only witness was the operator of the vehicle which struck him. She claimed that he had no headlights/tail lights and had been driving erratically. There was evidence that the motorcycle might have malfunctioned and caused my client to have pulled off the highway to adjust th equipment. The operator had come from a location where she had ingested alcohol and it appeared from the evidence of the collision that she had barely slowed before impact. Ultimately, the liability insurer was convinced that the negligent operation of the vehicle by its insured and the possible alcohol impairment that accompanied was a substantial contributing factor to the accident. Motorcycles have the same rights to the road as autos and the assumption that Bikers are not safe is an ingrained prejudice which the carrier had to be disuaded of through the litigation process. Case settled before trial for only a fraction below the full liability policy available.( New Britain Superior Court 2009).

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Product Liability/Burn Injury

Dawson v New York Lighter Company - Settlement following a Plaintiff's Verdict arising out of an injury to a child when a lighter which had an inadequate child proof safety mechanism was lit by a four year old. The exclusive U.S. Importer/Distributor was sued as they brought in millions of these chinese manfactured lighters every year. For the burn injuries a post verdict settlement of $200,000 was reached.New london Superior Court(2004)

Product Liability/Trucking Accident

Gregory v Royal Tire - Settlement following tire explosion which appeared the result of a malfunctioning tire inflation pressure gage where the needle did not move as air pressure increased to dangerous levels. The Defense hired a tire explosion expert who defended Firestone often in tire burst rollover litigation involving Ford SUV's. The case settled following that expert's deposition which was taken in Ohio for the sum of $225,000.New Britain Superior Court(2006)

Product Liability/Amputation Injury

M. Ghalmi v GCS Services - A products liability case involving a dough mixer that had not been fitted with a screen guard protecting the operator from accidental contact with the rotating beater. The industry had standardized the bowl guard multiple years before the sale of the machine and the company had not considered the machine sufficiently dangerous to have standardized the screen at the time of sale. A hartford Jury disagreed and found that the manufacturer's conduct warranted an award of punitive damages. Compensatory damages for having undergone multiple surgeries and substantial lost function of Mr. Ghalmi's hand was just under 1.4 million dollars(2008).
"My Dough Mixer machine injury ended my career as a chef after several surgeries to try and correct the problem. I had spent time in Jail earlier in life and my Name was Mohammed so the defense offered me very little and treated me with what i considered to be contempt even though i had a family and was a very patriotic American. A Hartford Jury not only awarded over a million dollars but gave me back my dignity and ability to send my Son to College."

- M. Ghalmi, New London CT

Product Liability/Trucking Accident

Phillips v Clement Industries - Products liability settlement arising out of a work related injury. Mr. Phillips was injured when struck in the head by a load binder which had been placed on the dump trailer's rear at the height of a six foot man's head. Since the load binder mechanism was known to snap back under force, placing it in the swing path of a man's head was a defective design. The manufacturer's CEO admitted at deposition that the dump trailer in question ought to have had a newer design on it where the steel bar handle would no longer have presented that risk.Settlement was $425,000. New London Superior Court(2006)

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Wrongful Death/Motorcycle Accident

Estate of Donald Loosemore v Dalida – Clent riding a motorcycle killed on route 9 and the only witness was the operator of the vehicle which struck him. She claimed that he had no headlights/tail lights and had been driving erratically. There was evidence that the motorcycle might have malfunctioned and caused my client to have pulled off the highway to adjust th equipment. The operator had come from a location where she had ingested alcohol and it appeared from the evidence of the collision that she had barely slowed before impact. Ultimately, the liability insurer was convinced that the negligent operation of the vehicle by its insured and the possible alcohol impairment that accompanied was a substantial contributing factor to the accident. Motorcycles have the same rights to the road as autos and the assumption that Bikers are not safe is an ingrained prejudice which the carrier had to be disuaded of through the litigation process. Case settled before trial for only a fraction below the full liability policy available.( New Britain Superior Court 2009).

Wrongful Death/Auto Accident

Estate of Oliver Myers v Spector - This accident brought on behalf of an elderly man who was killed crossing the street in his wheelchair when struck by a large SUV that apparently had not seen him was challenging because there was inadequate auto liability coverage available for a wrongful death claim. The family of the decedent who authorized my firm to initiate suit walked a fine line between trying not to irreperably harm the finances of the young operator involved nor force them into bankruptcy versus obtaining something resembling a fair compensatory award. The Defendant operator ultimately paid twice as much as the coverage which they had purchased to resolve the matter in an unusual result considering the circumstances. Meriden Superior Court (2008).

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Construction Site Injury/Paralysis/Paraplegia/Quadraplegia

Occonor v Tulip Homes - A construction site injury involving the improper use of a ladder and failure to monitor the construction site. The defendant was the general contractor who claimed no knowledge or legal responsibility of the dangerous work site conditions which contributed to Mr. Occonor's fall through an open hole in the floor while tumbling off a ladder suffering serious and permanent injuries. Plaintiff was able to demonstrate that the close relationship between the general and sub contractor for which Mr. Occonor worked suggested that the general both knew and had an opportunity to intervene yet failed to do so. Settlement of 1.6 million(2008).

Construction Site Injury/Product Liabillity

Salinas vs. Sal War Inc. - This case involved and exploding battery on a construction site which injured the eye of a worker as a result. The issues included product liability for a defective battery and the failure to train and properly supervise machine operational procedures all of which contributed to this injury event. There was an element of comparative negligence plead by the Defendant involving the Plaintiff's role in the outcome and completely opposite expert opinions produced by each party. The case went to Judical annexed Mediation where it settled for $235,000. Meriden Superior Court( 2010).

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Sexual Abuse

M. W. v Backus Hospital et al – Client was a mental health patient at hospital and cared for by phsychptherapist who engaged her in a sexual relationship. Though consensual in the sense that she was an adult and was not forced, the imbalance of the power relationship between the two and the prohibition against doctor patient relationships, particularly during active treatment prevailed. The patitent was married at the time and she wound up divorced and estranged from her family for a time. Her depression was also worsened and she unsuccessfully attempted suicide as a result of the fallout from the events. Bottom line was she went to a partial hospitalization program for help and stability and was harmed for the personal gratification of the involved doctor. The hospital's insurer paid a settlement as did the Doctor's carrier. As a condition of settlement it was insisted that the doctor contribute towards the settlement amount out of his own pocket. He also surrendered his license to practice.( New London Superior Court 2008).

Sexual Abuse

Poteat v State of Connecticut - This case involved suing the State of Connecticut for placing and maintaining foster children in an environment where they were subject to physical and sexual abuse. The extent of such abuse was hotly contested and there were governmental immunity issues which were challenging to overcome. The case eventually settled for the sum of $700,000 and was concluded to the satisfaction of my clients. Middletown Superior Court(2008).

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Medical Malpractice

Kellie St. Jean v Uconn Hospital – Client went in for routine medical procedure involving a high resolution CT Scan with dye. During the administration the dye extravasated from the intended vein where a catheter had been placed and was pumped into forearm resulting in caustic reaction, swelling and compartment syndrome requiring emergent surgery to spare her limb. This was accomplished and residual scarring and some reduced function resulted. Case was defended on the basis that a known complication occured which was not the result of negligence. Ultimately, it became clear through multiple depositions taken that the radiology department at Uconn hospital recognized that additional precautions and staffing during the procedures could minimize such complications. There was also an apparent procedure rule deviation all of which contributed to the desire to settle the case pretrial. The State of Connecticut on behalf of the hospital paid a substantial confidential sum to resolve the claim( Hartford Superior Court 2009)

Medical Malpractice

M. W. v Backus Hospital et al – Client was a mental health patient at hospital and cared for by phsychptherapist who engaged her in a sexual relationship. Though consensual in the sense that she was an adult and was not forced, the imbalance of the power relationship between the two and the prohibition against doctor patient relationships, particularly during active treatment prevailed. The patitent was married at the time and she wound up divorced and estranged from her family for a time. Her depression was also worsened and she unsuccessfully attempted suicide as a result of the fallout from the events. Bottom line was she went to a partial hospitalization program for help and stability and was harmed for the personal gratification of the involved doctor. The hospital's insurer paid a settlement as did the Doctor's carrier. As a condition of settlement it was insisted that the doctor contribute towards the settlement amount out of his own pocket. He also surrendered his license to practice.( New London Superior Court 2008).

Medical Malpractice

Proctor v St. Francis Hospital et al -Malpractice settlements against several of the six named defendants arising out of a delay in diagnosis and treatment of a benign condition which resulted in legal blindness. Defense claims varied but a common theme was that Ms. Proctor would likely have lost her sight regardless of the claimed departures from the standard of care due to the rapidity of the onset of this illness. The exact amount of settlements and on whose behalf remain confidential but gross recovery well exceeded $2,000,000.Hartford Superior Court(2007).
"I had almost given up trying to sue for medical malpractice before speaking with Attorney Paul Levin because my case had already been rejected by another large firm. I was told that I did not have a viable case even though I went totally blind and it seemed that none of my Doctors tried to do anything about it while it was happening until it was too late. Because of Attorney Levin's efforts, I am financially independent and can properly take care of my Son and make sure that he gets a good education. I moved out of the inner city and relocated out of State where it is better for us both. Attorney Levin believed in my case and succeeded and though I never did get an apology from my health care providers, I at least understand what they did wrong and they paid money to compensate me for the harm caused."

-Rebecca Proctor, Orlando, Florida

Medical Malpractice

Simone Jackson v Orthopaedic Associates - A medical malpractice settlement arising from wrist surgery in which the patient's ulnar nerve was inadvertantly lacerated. The surgeon initially claimed abberant anatomy as the reason that the nerve was injured. It was also maintained that this type of injury was a known complication and not necessarily an indication of negligence.Following grueling deposition and disclosure of expert opinions settlement was achieved at approximately $800,000.(2007).

Medical Malpractice

Sorano v Colon and Rectal Surgeons - Malpractice settlement arising out of a colon surgery that left the plaintiff with significant symptoms which he did not have before the surgery. The hospital could not produce the pre-operative film supporting the diagnosis and indication for surgery and the surgical technique chosen was challenged by Mr. Sarano as that operation was more commonly done for cancer which he did not have. Case settled following jury selection for a confidential six figure sum.Hartford Superior Court(2006)

Medical Malpractice

Tornaquindici v John Keggi M.D. - Malpractice verdict against an orthopaedic surgeon resulting from hip surgery in which the patients femoral nerve was injured and surgeon defended on the basis that the injury inflicted was a complication not the result of surgical negligence. The jury did not accept that explanation and rendered a verdict in the amount of $557,000 in Waterbury Superior Connecticut(2004).
"Attorney Levin obtained a jury verdict against a Doctor who injured me during a surgery. He swore to me that nothing happened during the surgery which could have accounted for the terrible pain and functional issues i had since. This doctor had trained at Yale and had won one of only several National orthopedic surgery awards for excellence and so was nearly untouchable. Well a Waterbury, Connecticut Jury agreed with us and Attorney Levin completed the trial even though he was in the middle of personal tragedy involving the loss of a close family relative."

- Joanne T. West Hartford, CT

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Bus Accident

Twana Johnson v Ernest Jopp, Peter Pan Bus Lines

Client involved in an early morning collision with a Peter Pan Bus in New London CT. There were no reliable witnesses besides the bus driver and Ms Johnson who each disagreed what had occured. Client not sure if her headlights were on or not nor whether her brakes were completely functional. Bus driver claimed he did not see our client's vehicle at the time when he made the turn and the accident reconstructionist which we retained could not conclusively establish through a time and stopping distance analysis that client would not have had adequate time to stop if she had been traveling the speed limit. Nonetheless, through agressive and hard fought discovery efforts both before and after taking the Bus driver's depostion, we learned that he was involved in several prio accidents and had in fact been disciplined by his employer following our accident for not yielding the right of way. Accident scene photographs which were supposedly taken by the Bus Driver's supervisor were never produced so an element of spoliation of evidence pervaded as well. Case settled six weeks before trial for $225,000 which reflected the value of the knee and back injury sustained in the accident.( New London Superior Court , 2010)

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Connecticut Courts have also seen on a much less frequent basis extremely large personal injury awards. Two noteworthy areas where this has occured is in the realm of medical malpractice and construction injury cases,which are also handled by this office. It should be pointed out that the actual resolution of cases depends upon many factors involving variations of facts and state law.