Maribel Nunez v. Gaudiosi Hauling, Inc et al

Parties Involved

  • Plaintiff(s): Maribel Nunez

 

  • Defendant(s): Gaudiosi Hauling, Inc. | Can It, LLC | Joel Rodriguez
    • Counsel for Defendants: Milano & Wanat | Halloran & Sage LLP

Verdict Information

  • Verdict Date: May 23, 2024
  • Total Damages awarded to Plaintiff: $0 (Verdict in favor of Defendant)

About the Case

Cause

On June 22, 2020, at approximately 9:45 pm, Maribel Nunez, the plaintiff, drove westbound on Walnut Avenue, a public road in Waterbury, Connecticut. She encountered a dumpster placed by defendants Gaudiosi Hauling, Inc., Can It, LLC, and Joel R. Rodriguez near 72 Walnut Street, the residence of defendant Rodriguez. The 8-foot-wide dumpster obstructed Nunez’s lane on the elevated, hilly road. As she attempted to maneuver around it in the dark, an oncoming vehicle approached from the east. This forced her to swerve into the dumpster. Her car’s front end struck the dumpster, causing her vehicle to roll down the hill and crash into large rocks at the bottom of Walnut Street.

In her lawsuit, Nunez filed three separate counts of negligence against each defendant. She alleged that their careless actions directly caused the accident and her subsequent injuries. First, she claimed that the defendants placed the dumpster in such a location that westbound traffic, like herself, had to leave their proper lane to pass it safely. This placement created a hazardous road condition that was both unsafe and unreasonable. Second, Nunez asserted that the defendants failed to provide any safety markings, warnings, or indications to alert oncoming traffic about the dumpster’s presence on Walnut Street. Lastly, she argued that the defendants could and should have placed the dumpster in a safer location that allowed traffic to pass without risk, had they exercised proper and reasonable care.

Injury

As a result of the collision, Nunez sustained serious personal injuries, some of which she claimed may be permanent. Subsequent medical examinations and diagnostic studies revealed that she suffered from lumbar and cervical spine sprains, causing significant pain. Additionally, she experienced severe headaches, extensive bruising, loss of sleep, and mental anguish. These injuries not only caused physical pain but also impacted her daily life and emotional well-being.

The accident also imposed a financial burden on Nunez. She was forced to incur substantial financial obligations for her medical treatment. This included expenses for hospital care, diagnostic studies such as x-rays, physical therapy sessions, and various medications. Moreover, she anticipated that she might need further medical treatment in the future, potentially adding to her financial strain.

Beyond the physical and financial impacts, the accident significantly affected Nunez’s quality of life. She claimed that due to her injuries, she had been unable to pursue her usual activities to the same extent as before the accident. This limitation was not just a temporary setback; she believed it would likely continue into the future. This loss of enjoyment of life, or the ability to engage in her regular activities, represented a significant detriment to her overall well-being.

Damages

In her legal action, Nunez sought damages from all three defendants – Gaudiosi Hauling, Inc., Can It, LLC, and Joel R. Rodriguez. She demanded compensation exceeding $15,000, a figure that did not include interest or legal costs. This amount reflected the severity of her injuries, the extent of her medical expenses, her ongoing pain and suffering, and the diminished quality of her life following the accident.

Jury Verdict

The Jury finds in favor of Defendants and against Plaintiff, Maribel Nunez.

Court Documents:

Complaint

Jury Verdict