Jody Davis vs. Victor Ortiz, Jose Ortiz, Fazza M Saleh, and Selective Insurance Company of America
- Court: Connecticut State, New Britain Division, Superior Court
- Case Number: HHB-CV20-6060773-S
- Filed: July 13, 2020
- Judges: Lisa Morgan | Robert Young
- Case Type: V01 – Vehicular – Motor Vehicles – Driver and/or Passenger(s) vs. Driver(s)
- Cause: Negligence and violation of Motor vehicle laws
Parties Involved
- Plaintiff(s):Jody Davis
- Counsel for Plaintiff: Mccoy & Mccoy LLC
- Expert witness for Plaintiff(s): Robert Waxman, MD | Dana Haywood, Ph. D | Jason Brown, MD | Kellie Geanuracos RN, BSN, CLNC, MSCC, MCP-C, CLCP | Robert Belniak, MD | Payam Sajedi, MD | New Britain EMS | Michael Firestone, MD | Michael Petit, PT | Matthew Neulander, MD | Alden Stock, MD | Alecia Davidson, LMT | Hanbing Zhou, MD
- Defendant(s): Victor Ortiz | Jose Ortiz | Fazza M Saleh | Selective Insurance Company of America
- Counsel for Defendants: Law Offices of Dennis J Rinaldi | Solimene & Secondo LLP
- Expert witness for Defendant(s): Glenn Taylor, M.D. | Caleb P. Peck, Psy.D., ABPP-CN
Verdict Information
- Verdict Date: April 10, 2024
- Damages awarded to Plaintiff(s): $540,000
- Economic damages: $73,761.74
- Non-economic damages: $466,238.26
About the Case
Cause
Jody Davis, a resident of New Britain, Connecticut, was involved in a motor vehicle collision on July 9, 2018. Davis, driving a vehicle owned by Coram Deo Inc., was stopped at an intersection on Austin Street. Victor Ortiz, also a New Britain resident, driving a vehicle owned by Fazza M. Saleh, allegedly disregarded a stop sign at the intersection while traveling northbound on East Street at a high speed, resulting in a collision with Davis’s vehicle.
Davis filed a personal injury lawsuit, accusing Ortiz of negligence for failing to control the vehicle, being inattentive, driving at an excessive speed, having defective brakes, failing to sound a warning, and violating Connecticut motor vehicle laws regarding speeding, reckless driving, defective equipment, and failure to yield at a stop sign. The lawsuit also named Jose Ortiz (Victor’s father) for vicarious liability, Fazza M. Saleh for vicarious liability, and Selective Insurance Company of America for uninsured/underinsured motorist coverage.
The complaint alleges that Victor Ortiz operated Saleh’s vehicle without permission or with malicious intent, making Jose Ortiz jointly and severally liable for the damages or injuries caused by Victor Ortiz under Connecticut General Statutes Section 52-572. It further contends that Saleh’s vehicle was either used as a family car under Saleh’s authority or that Victor Ortiz acted as Saleh’s servant, agent, or employee, making Saleh vicariously liable under Connecticut General Statutes Sections 52-182 and 52-183.
Moreover, the complaint alleges that Ortiz’s conduct violated Connecticut General Statutes Section 14-295 due to reckless disregard and various statutes related to speeding, reckless driving, and distracted driving. The lawsuit seeks damages for the injuries sustained by Jody Davis as a result of the collision.
Injury
The collision had a devastating impact on Davis, resulting in severe and extensive injuries throughout various parts of her body. She suffered traumatic injuries to her head and brain, which can often lead to long-lasting cognitive and neurological consequences. Additionally, she sustained injuries to her shoulder, left arm, left ear, neck, back, chest, and wrist. These injuries indicate that the force of the impact affected multiple regions of her body. However, it also raises the possibility that Davis’s pre-existing medical condition(s) may have made her more vulnerable and susceptible to sustaining such severe injuries.
Damages
Davis seeks compensation for medical expenses, pain and suffering, loss of earnings, property damage, and diminution of vehicle value from Selective Insurance Company of America, which provided uninsured and underinsured motorist coverage for Davis’s vehicle through her employer, Coram Deo Inc. The complaint alleges that the liability insurance covering Saleh’s vehicle is expected to be exhausted or inadequate to fully compensate Davis, making Selective Insurance responsible under the terms of its insurance contract and Connecticut General Statutes Section 38a-336, which covers uninsured/underinsured motorist claims.
Jury Verdict:
After carefully weighing the evidence and arguments presented during the trial, the jury ruled in favor of the plaintiff, Jody Davis. The ruling was in her personal injury lawsuit against Selective Insurance Company of America. The jury awarded Davis a substantial sum of $540,000 in total damages. This included economic damages totaling $73,761.74 and non-economic damages amounting to $466,238.26.
Court Documents:
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