Jury Returns Defense Verdict In CVS Parking Lot Accident

, The Connecticut Law Tribune


Philip Dunn
Philip Dunn

Lucas did not seek immediate medical treatment. But about a week after the accident, she complained of neck and back pain to her primary care physician. She received some physical therapy treatments, Dunn noted. Though she complained of lingering back and neck pain, she was not assessed a permanent partial disability rating by her doctors, Dunn said.

Dunn said the woman also developed more significant health problems unrelated to the parking lot accident.

"So it was hard to parse out what related to this and [what was] from her other issues," said Dunn.

Lucas hired Donald McCarthy Jr., of McCarthy, Coombes & Costello in Hartford, and filed a negligence lawsuit against Tine and the Town of Newington. McCarthy did not return messages last week seeking comment for this article.

Dunn said his side had little interest in settling, as there were no real substantive talks.

The case proceeded to trial last month in New Britain Superior Court before Judge James Abrams. Jury selection lasted one day and evidence presentation took another day as both Tine and Lucas testified. The only other witness was the responding police officer.

"We mostly contested the liability," Dunn said. "It was not a big case from an injury standpoint."

The jury deliberated for about two hours before siding with the defendants.

Dunn and his clients were pleased with the verdict. He said it was the plaintiff's impatience that led to the crash.

"I think she thought she could drive around the back of [the town truck driver] and get past him before he could get into the spot," Dunn said.•

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