O'Mara v. Perito
A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to plaintiffs who allegedly were injured in a motor-vehicle accident. In November 2008, the plaintiff driver, Paul O'Mara, was traveling eastbound on Farmington Avenue in West Hartford, Conn. The defendant driver, Frederick Perito, was traveling westbound on Farmington Avenue. It had been raining and the road was wet. Allegedly, Perito attempted to turn left in front of the plaintiff's motor vehicle, and the motor vehicles collided. The court found that Perito was responsible for the motor-vehicle accident and that O'Mara was not contributorily negligent. O'Mara, 68, described the motor-vehicle accident as a "jolt" that inflated the air bags and totaled his sports utility vehicle. Pictures of O'Mara's motor vehicle showed significant front-end damage. Previously, O'Mara had undergone knee surgery and had recovered. O'Mara allegedly injured his knee as a result of the 2008 accident, and his medical expenses were approximately $10,552. The court deducted $5,000 for collateral source payments. Dr. Zimmerman rated O'Mara with a 15 percent permanent partial disability of his knee and opined that 7.5 percent pre-existed the 2008 motor-vehicle accident. The court awarded O'Mara $5,552 in economic damages and $40,000 in non-economic damages. O'Mara's 65-year-old passenger, Patricia, allegedly injured her hand and knee. Dr. Caputo rated her with a 10 percent permanent partial disability. Her medical expenses were $13,351. The court awarded Patricia $13,351 in economic damages and $60,000 in non-economic damages. Judgment will enter May 1, 2013, unless the plaintiffs' withdraw their complaint, pursuant to a "high-low" agreement.