$40.5M Verdict in Motorcycle Crash
Table of Contents
Case Background
This legal action arose from a serious motor vehicle accident that took place on March 21st, 2021, near the premises of the Defendants in Oakville, Connecticut. On that day, the Plaintiff, Don D. Zemo, IV, had operated his motorcycle, traveling north on Main Street toward the business location.
The accident involved Mr. Zemo’s motorcycle and a vehicle associated with the Defendant companies, a Ford Explorer, which the Plaintiff had clipped in the collision. The ensuing litigation saw Mr. Zemo sue multiple entities MyHoopty.com, LLC, which possessed and controlled the property, and Dwayne Conley, an individual driver. Mr. Zemo claimed the Defendants’ carelessness and improper actions on the roadway caused the crash, which resulted in devastating injuries.
Cause
The central cause of the complaint was the Defendants’ alleged negligence and failure to operate their vehicles and premises with reasonable care, directly resulting in the collision. The Plaintiff maintained that the Defendants’ poor visibility, failure to signal, and overall inattentiveness on a busy street led to the crash. Although one of the Defendants, MyHoopty.com, LLC, conceded that the Plaintiff clipped the front bumper of the Ford Explorer, they adamantly denied the claim that a tow truck had prevented the Plaintiff from seeing the other vehicle. The case thus hinged on who bore the legal blame for the hazardous road conditions that led to the crash.
Injury
The injuries Mr. Zemo suffered were extensive and severe. As a direct result of the collision, the Plaintiff sustained a comminated fracture of the right femur, a serious injury in which the bone shattered into multiple pieces. He also suffered multiple fractured vertebrae, which caused him to endure immense pain and require extensive medical intervention. The Plaintiff also suffered severe lacerations, permanent scarring, and disfigurement. The injuries resulted in the permanent loss of life’s pleasures, the curtailment of his usual activities and pursuits, and the loss of earning capacity.
Damages Sought
The Plaintiff had originally filed the complaint claiming extensive financial recovery for his losses. Mr. Zemo sought comprehensive monetary damages that covered his substantial past and future medical expenses, lost wages and loss of earning capacity, and compensation for his permanent injuries, pain, suffering, and the significant impact the crash had on his daily life. He also claimed costs and attorneys' fees.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Don D. Zemo, IV
· Counsel for Plaintiff(s): Jeremy H. D’Amico
· Experts for Plaintiff(s): Brian Riordan | David Forshaw | Jeffrey Joy | Jon Mukand | Gary Crakes | Dana Thorton | Nerina Salihagic | Janna Webb | Christina M. Rudin-Brown | Mike Riordan | Scott Meyers | Jeffrey W. Muttart
Defendant(s): Myhoopty.Com, Llc | Dwayne Conley
· Counsel for Defendant(s): John C. Mayano
· Experts for Defendant(s): James Hrycay | Iiona D. Scully
Key Arguments or Remarks by Counsel
The trial centered on the established facts of the accident and the degrees of fault for each party involved.
Claims
Mr. Zemo claimed that both the company and the individual driver were responsible for his injuries through negligence.
He claimed that the individual driver, Dwayne Conley, operated the Ford Explorer recklessly, failed to keep a proper lookout, and did not activate caution lights or signals to warn other motorists. He further claimed Mr. Conley failed to slow down or take any evasive action to avoid the crash despite the circumstances.
Against the Defendant company, MyHoopty.com, LLC, the Plaintiff claimed negligence in its capacity to control and maintain the premises, arguing that the company’s operations created the hazardous condition on the public road.
Defense
The Defendants strongly contested the Plaintiff’s allegations of negligence and proximate cause. The Defendant company, MyHoopty.com, LLC, countered with several special defenses, primarily focusing on the Plaintiff’s own carelessness. The defense claimed that Mr. Zemo’s own negligence exceeded that of the Defendants and barred his recovery.
Specifically, they argued that Mr. Zemo:
operated his motorcycle too fast for the conditions.
failed to keep the motorcycle under control.
failed to keep a reasonable lookout for other traffic.
failed to apply his brakes properly to avoid the collision.
The defense had argued that the Plaintiff’s own actions were the dominant cause of the serious injuries he suffered.
Jury Verdict
Following the evidence presentation, the jury deliberated and returned a verdict on July 22nd, 2025, finding the issues for the Plaintiff, Don D. Zemo, IV, against both the Defendant company and the individual driver.
The jury specifically found that Mr. Zemo successfully proved that both MyHoopty.com, LLC, and Dwayne Conley were negligent and that their carelessness was a direct and proximate cause of the Plaintiff’s injuries.
The jury determined the Plaintiff’s total damages before apportionment was substantial:
Economic Damages: $8,500,000.00 (This amount covered financial losses like medical bills and lost wages)
Noneconomic Damages: $36,500,000.00 (This amount covered pain, suffering, and loss of life’s enjoyment)
Gross Total Damages: $45,000,000.00
After establishing the total damages, the jury then apportioned the fault among the parties, a critical step in a comparative negligence case:
MyHoopty.com, LLC: 65%
Dwayne Conley: 25%
Don Zemo (Plaintiff): 10%
The jury explicitly found that the Plaintiff’s own negligence, at 10%, was not greater than the combined negligence of the Defendants, which totaled 90%. Under Connecticut law, the Plaintiff’s recovery had to be reduced by his percentage of fault. Therefore, the Defendants became legally responsible for 90% of the gross damages.