Jeanne Bunosso v. Christopher Rourko et al
Case Background
The personal injury case was filed on April 1, 2020, by Plaintiff Jeanne Bunosso in the Connecticut State Superior Court of Milford Division (Case number: AAN-CV20-6038150-S). Judge Theodore Tyma and Judge Jason Welch presided over the case.
Cause
On April 30, 2019, at approximately 8:26 a.m., Jeanne Bunosso was entering Route 8 northbound from entrance ramp 14 in Derby, Connecticut. Christopher Rourke was operating a vehicle owned by Ryder Truck Rental LT, LLT. He was driving northbound on Route 8 in the right lane between entrance ramp 14 and exit ramp 15. As Bunosso attempted to merge her vehicle onto Route 8 from the entrance ramp, Rourke negligently moved his vehicle into Bunosso’s lane, causing his vehicle to violently strike the left driver’s side of Bunosso’s vehicle. The collision occurred in an area with specific traffic patterns and potential hazards associated with merging traffic.
Injuries
The collision caused Bunosso to suffer significant injuries, primarily to her right shoulder and right arm. These injuries resulted in acute and chronic pain, considerable discomfort, and a noticeable restriction of motion in the affected areas. Following the accident, Bunosso required immediate emergency treatment to address her injuries. Her medical care continued with ongoing physician care, diagnostic x-rays, specialized orthopedic treatment, and an extended course of physical therapy. Medical professionals determined that Bunosso’s injuries were likely permanent in nature, indicating a probability of continued pain and physical disability extending into the future.
Damages
In her personal injury case, Bunosso sought fair, just, and reasonable damages exceeding $15,000 to cover her past and future medical expenses, compensation for pain and suffering, and other losses related to the accident. She also sought costs associated with bringing the legal action and any other relief the court deemed appropriate.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Jeanne Bunosso
- Counsel for Plaintiff: Stephanie K. Toronto, Esq.
- Experts for Plaintiff(s): Nathan Douglass, M.D.
- Defendant(s): Christopher Rourko | Severance Trucking Co.
- Counsel for Defendants: Peter Bowman, Esq.
- Experts for Defendant(s): Daniel Weiland, M.D.
Claims
Bunosso’s legal claims alleged that Rourke was negligent in several ways. She claimed that Rourke violated Connecticut General Statutes by failing to maintain his lane (§14-236). He also turned too quickly while passing (§14-232(1)) and drove at an unreasonable speed given the conditions (§14-218(a)). Additionally, Bunosso asserted that Rourke was inattentive while driving. He failed to apply his brakes in a timely manner and did not keep an adequate lookout. He also failed to sound his horn or otherwise warn of his approach. Rourke did not make proper use of his faculties and senses and failed to exercise reasonable control of his vehicle.
Bunosso also claimed that Ryder Truck Rental LT, LLT was vicariously liable for Rourke’s actions as his employer, based on the principle of respondeat superior and the presumption of agency under Connecticut General Statutes §52-183. This claim extended the liability beyond the individual driver to the company that owned the vehicle and employed Rourke.
Defense
The defendants, Christopher Rourke and Ryder Truck Rental LT, LLT, responded to the plaintiff’s complaint with an answer and special defense. In their answer, they admitted to the basic facts of the incident, including the date, time, and location. However, they denied all allegations of negligence and carelessness on Rourke’s part. They also denied responsibility for the plaintiff’s claimed injuries and damages.
In their special defense, the defendants asserted that the plaintiff, Jeanne Bunosso, was herself careless and negligent, and that her actions were the proximate cause of any injuries or damages she sustained. They claimed that Bunosso operated her vehicle at an unreasonable speed, failed to keep her vehicle under proper control, and did not maintain a proper lookout for other vehicles. The defendants also alleged that Bunosso failed to apply her brakes or turn her vehicle in time to avoid the collision when she should have been able to do so.
Furthermore, the defendants accused Bunosso of violating several Connecticut traffic laws. They claimed she drove at an unreasonable speed in violation of statutes 14-218a and/or 14-219, failed to stay within a single lane as required by statute 14-236(1), and attempted to merge unsafely from the acceleration lane into the right lane. Through these arguments, the defendants sought to shift blame for the accident onto the plaintiff and reduce or eliminate their own liability.
Expert Testimony
Dr. Douglass, an orthopedic surgeon, planned to testify that the plaintiff’s right shoulder and arm injuries were likely caused by the accident on April 20, 2019. He intended to describe the nature and extent of these injuries, the treatment received, and potential future care needs. Dr. Weiland, from Orthopaedic Specialty Group, was expected to provide more specific testimony about the right shoulder injury. He planned to discuss imaging study findings, deterioration of shoulder function, the healing process of a fracture sustained on January 31, 2019, and any residual deficits attributable to the accident. Both experts were prepared to offer opinions on the causal connection between the accident and the plaintiff’s injuries, as well as the plaintiff’s overall prognosis.
Jury Verdict
On April 24, 2024, the jury delivered a verdict in favor of the plaintiff against the defendants. They determined that the defendants were 50% liable for the incident, while the plaintiff held 50% liability. The total economic damages awarded were $6,990.00, with no non-economic damages granted. The jury calculated the total damages to be $6,990.00. After applying the percentage of liability, the final award to the plaintiff was reduced to $3,460.00.
Regarding past medical expenses, the jury awarded $3,282.50 to Griffin Health for services rendered on 05/01/19, despite the claimed expense of $6,565.00. Connecticut Orthopaedics received an award of $95.00 for services on 05/21/19, compared to their claimed expense of $190.00. Finally, Griffin Faculty Physicians were awarded $82.50 for services provided on 07/29/19, less than their claimed expense of $165.00.
Court Documents:
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