Verdicts and Settlements
Settlement During Mediation
Middlesex Judicial District, CT Superior Court Middletown
- Jeffrey L. Polinsky, Hartford
- Eric A. Polinsky, Hartford
Defendant’s Attorney(s): Withheld
Facts: A car dealership agreed to settle a woman’s personal injury claim for $6,750,000 following an accident involving a car rented by the dealership on behalf of a customer.
Plaintiff Sol Ahmed, a 35 year old married mother of three children, was a passenger in a vehicle driven by Reinaldo Aponte. Defendant Xay Lo was operating a rented vehicle on the same road and in the same direction as Aponte. Defendant Lo, who was traveling in the right lane, swerved into Aponte’s lane of travel (the left lane) and sideswiped Aponte’s vehicle. Aponte lost control of the vehicle and struck a guardrail, causing the Aponte vehicle to flip. Plaintiff was transported to Hartford Hospital by helicopter where she underwent a craniotomy for a head injury and treatment for multiple leg and ankle fractures. Defendant Lo was a customer of Defendant Elkins Chrysler Plymouth and was operating a vehicle Elkins had rented on his behalf.
Plaintiff alleged that Defendant Lo failed to maintain proper control of his vehicle and was negligent in swerving into the left lane. Plaintiff claimed a permanent brain injury with cognitive deficits and left-sided paralysis. She was living at a rehabilitation facility at the time of the settlement and it was unknown whether she would continue to live at the facility or whether she would be transferred home with full-time attendant care.
Defendants brought Aponte into this case as an apportionment defendant and contended that Aponte failed to maintain proper control of his vehicle to avoid hitting the guardrail. Defendants also asserted that Aponte was under the influence of alcohol at the time of the accident, an allegation Aponte denied. According to Aponte, he only had one glass of wine prior to the accident and had only trace amounts of alcohol in his system at the time of the accident. He also argued that his judgment was not affected by the use of alcohol.
This case was settled following mediation. The global settlement was to be paid by Elkins Chrysler on behalf of itself and Lo and included the dismissal of the apportionment claim against Aponte.
Plaintiff Personal Data: Plaintiff was a 35 year old married female who worked in a factory.
Alleged Injury: Closed head injury requiring a craniotomy and resulting in cognitive deficits, including difficulties with speech, executive functions and ability to reason and understand. Although plaintiff was able to stand, she could only walk a few steps without assistance and required the use of a wheelchair for ambulation. She also suffered a right comminuted distal tibia fracture, right transverse fracture across the distal fibula, right trimalleolar ankle fracture with plating and screws, closed fracture of the left talus, large laceration on left thigh requiring staples and left-sided paralysis and required daily living assistance. She claimed medical expenses of $458,000 (which was subject to a lien) and $434,000 in lost wages.
Insurance Carrier: Chrysler
- Plaintiff Expert: Crakes, Gary, Ph.D. (Economist)
- Plaintiff Expert: Voogt, Robert, Ph.D. (Vocational Expert; Life Care Planner)
- Defendant Experts: Burke, William H., Ph.D.
Case Caption: Syed Ahmed v. Xay Lo, Elkins Chrysler Plymouth, et al
Case Number: CV-03-0101292-S
Editor’s Note: This case settled following mediation. Per plaintiff’s counsel, the severity of plaintiff’s injuries and a day in the life film depicting the plaintiff and her family facilitated the settlement of this case.
Workers’ Compensation Settlement
Cervical Cord Syndrome; Traumatic Brain Injury; Post Traumatic Stress Disorder; Depression; Impotence; Diabetes
Our Client, a 55 year old male, was injured at work when a rack collapsed and he was struck by a 600lb spool of wire. As a result of the trauma, he sustained a brain injury, as well as a number of bulging discs in his neck and a 4″ laceration on his forehead. He was rushed to the hospital where he was diagnosed with cervical cord syndrome, developing swelling throughout his cervical spine, and initially resulting in partial paralysis. To reduce swelling he was treated with high doses of steroids which triggered a diabetic reaction. As a result of these injuries, he suffered from permanent weakness in his arms and legs and difficulty walking, memory loss and cognitive functioning deficits. Client also developed Post Traumatic Stress Disorder, depression, diabetes and impotence as a direct result of his neck injury. Our office commissioned a full battery of functional, vocational, and neuropsychological testing. A vocational expert was hired to prepare a Life Care Plan detailing expected future care and treatment. Based on extensive evaluation and treatment, our client was determined to be permanently and totally disabled. He was also assisted in obtaining full social security disability benefits. Medical benefits alone amounted to over $270,000. A full and final settlement in the amount of $900,000.00 was ultimately negotiated by Attorney Eric Polinsky.
Workers’ Compensation Settlement
Crush Injury to the Right Leg – Open Comminuted Fracture
Claimant sustained a severe crush injury to his right leg with an open comminuted Fracture of the tibia while operating heavy equipment in a concrete factory. Emergency surgery was required including debridement and external fixation. Over the months following his injury he underwent multiple hospitalizations and surgery involving a soleus muscle flap and revision of the external fixator. He ultimately had an internal plate placed in the leg, as well as iliac crest bone grafting. Complications with persistent drainage led to development of a deep venous thrombosis and pulmonary embolism. Medical treatment alone amounted to over $278,000.00. Claimant was eventually assigned a 44% disability rating of the lower extremity including nerve and vascular damage. Attorney Eric Polinsky negotiated a settlement of $500,000.00 in full and final stipulation.
Motor Vehicle Accident Settlement
16 year old female – Hip and Shoulder Injuries, Arthroscopic Surgery
We represented a 16 year old girl who was a passenger in a vehicle driven by one of her friends. As the car was traveling down a curved mountain road in Newington, Connecticut, the driver, who was traveling too fast on this road, crossed over into the opposite lane of travel, thereby causing a head-on collision with another vehicle. Our client received injuries to her shoulder and hip which required arthroscopic surgery. A law suit was commenced against the driver of the vehicle. Prior to Trial, the case was submitted to Mediation. After a day-long Mediation, settlement was reached for the sum of $365,000.00.
Motor Vehicle vs. Truck Accident Settlement
Traumatic Brain Injury; Post Traumatic Stress Disorder; Emotional and Cognitive Difficulties
Attorney Jeffrey Polinsky represented a 33 year old married male whose vehicle was rear-ended by a Freight Truck on I-84 while stopped in heavy traffic caused by a prior accident.
Plaintiff’s vehicle had heavy damage and was totaled. Plaintiff sustained blunt trauma to the head with a cut to his scalp that required stitches. After the accident Plaintiff had chronic headaches and dizziness that made keeping his balance difficult. He suffered from memory loss, personality change, mood swings and cognitive problems as well as post traumatic stress disorder. Total medical treatment amounted to $8,500.00 with lost wages of $12,300.00. After a Court Pre Trial, the parties agreed to mediation, where the case settled for $245,000.00.
Motor Vehicle Accident Settlement
Cervical Discectomy and Fusion; Headaches
Our client was rear-ended while working. He had immediate neck pain with radiating numbness into his hands and arms and was diagnosed with a herniated disc in the neck. After conservative therapy failed to resolve his symptoms, a discectomy and two level fusion were performed. Medical bills, lost wages and other benefits were paid by the workers’ compensation insurer in excess of $80,000.00. The claimant was eventually rated as having a significant permanent disability. During the course of litigation, settlement was reached for $249,000.00 by Eric A. Polinsky.
Motor Vehicle Accident Verdict
Trial verdict of $111,734.41 plus interest of $15,844.86 in contested liability motor vehicle accident. Our client was injured when the defendant failed to stop for a stop sign and slammed into his vehicle in the middle of the intersection, sustaining heavy damage and totaling his car. Our client had the right of way. Following the collision our client was taken by ambulance to Hartford Hospital with complaints of low back pain with tingling into his left leg and right shoulder pain. He eventually was referred for treatment with and orthopedic surgeon followed by physical therapy. Following conservative treatment, he was given a permanent disability to his back by the orthopedic surgeon. Our client was a college student and did not have health insurance at the time of the collision. Total medical expenses amounted to $11,504.41 and were outstanding. Prior to trial, the liability insurer, Liberty Mutual Insurance, had offered $14,000 to settle the claim.
Settlement at Mediation
We obtained a settlement at mediation of $550,000 in case where our client, a home health aide, was pushed down stairs by an elderly dementia patient she was caring for. Our client worked for an agency and was hired by the family to care for an elderly woman in her home. One day when the Aide was bringing breakfast upstairs to feed the patient, the patient met the Aide at the top of the stairs and pushed her backwards, causing her to fall down to the bottom of the staircase. As a result of the fall, our client sustained serious back injuries which eventually required discectomy and fusion.
Lost wage and medical benefits were provided by the Workers’ Compensation insurer and were reimbursed pursuant to statute out of the liability settlement.
Polinsky Law Group, LLC has tried and settled many cases that have resulted in monetary recovery for its clients. Listed is a representative sample of the cases that demonstrate the firm’s record of success in all aspects of personal injury law. Of course, the results communicated within this website are case specific. Past performance cannot guarantee future results. Any reference to these cases should not be considered as any sort of guarantee. Each case is different and must be evaluated separately. Contact us to discuss your case