D'Agostino v. Myers
To establish negligence, a plaintiff must prove duty, breach of that duty, causation and damages. In May 2010, the defendant, Carl Myers, drove the plaintiff, Stephen D'Agostino, from the scene of D'Agostino's arrest to the police department. During the ride to the police department, D'Agostino, who had his hands handcuffed behind his back, allegedly slid and struck his head against the door. D'Agostino sued Myers and the City of New Haven, alleging that they negligently failed to keep the motor vehicle under proper control, to restrain D'Agostino and to warn him. The court found that there was no evidence that D'Agostino complained about any injuries until he went to a doctor's office, about nine days afterward. Myers denied that he was negligent. The plaintiff failed to prove that Myers and the City of New Haven were negligent, and the court granted judgment to the defendants.