KINAHAN, ET AL. VS. HAGGART, ET AL.
Result: $ 1,130,000 Gross Verdict
State: Connecticut
Plaintiff Cause: In this case, the right rear of the vehicle in which the male plaintiff was a rear seat passenger was struck by another vehicle as the host-vehicle made its way through an intersection on Fairfield Avenue in Stamford, Ct. The host-vehicle was spun 180 degrees from the impact of the collision. The plaintiff suffered a Traumatic Brain Injury from which he experienced cognitive, memory and executive functioning problems. Additionally, the plaintiff maintained that his olfactory nerves were sheared and as a result he permanently lost his sense of taste and smell. The plaintiff sought recovery of his economic and non-economic damages from the driver of the second vehicle and from Nissan Motor Acceptance Corporation, the owner of defendant's vehicle. The plaintiff had previously collected the sum of $ 250,000 from the driver of the host-vehicle pursuant to an offer of judgment.
The evidence revealed that the host-vehicle was almost all the way through the intersection when it was struck. The defendant's vehicle was proceeding from a flashing red light, whereas the host-vehicle was subject to a flashing yellow light. The plaintiff took the position that the defendant, who was required to make a full stop at the flashing red light, was not paying attention to the road. The defendant driver admitted that she would have seen plaintiff's vehicle had she looked to her left.
The plaintiff introduced the expert testimony from a taste and smell specialist from the University of Connecticut's Taste and Smell Center, who testified that the plaintiff's loss of smell and taste would be a permanent condition. The plaintiff also introduced the testimony of a neuropsychologist who testified as to the plaintiff's cognitive impairments, as well as the testimony of a psychiatrist, who testified that plaintiff was experiencing depression as a result of the accident.
The jury assigned 70% negligence to the defendant driver and 30% negligence to the driver of the host-vehicle. The gross jury award was $ 1,130,000. No judgment has been entered because of a dispute over pre-judgment interest. Each defendant had made an offer of judgment in the amount of $ 400,000 and the defendants argued that these offers must be combined in determining whether the plaintiff is entitled to pre-judgment interest. Because the net verdict amount, $ 791,000, is less than the $ 800,000 combined offers of judgment, the defendants have taken the position that the plaintiff is not entitled to pre-judgment interest. A determination on the issue is pending.
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