Neil Leduc v. Wilfredo Curly- Colon
Case Background
Cause
On April 21, 2021, at approximately 3:06 pm, a severe motorcycle accident occurred at the intersection of Lee Street and Brewster Road in Bristol, Connecticut. Neil Leduc, the plaintiff, was riding his 2007 Harley Davidson FLHRCI motorcycle southbound on Brewster Road. Simultaneously, Wilfredo Curley-Colon, the defendant, was driving a 2014 GMC Sierra eastbound on Lee Street. As Curley-Colon approached the intersection, he was legally required to stop and yield the right of way to vehicles on Brewster Road, as indicated by a stop sign.
Despite this requirement, Curley-Colon proceeded through the intersection, attempting to make a left turn onto Brewster Road. In doing so, he drove his vehicle directly into Leduc’s lane of travel. Curley-Colon then abruptly stopped his truck within the southbound lane of Brewster Road, directly in Leduc’s path. This action created an immediate and unexpected emergency situation for Leduc, who was not at fault in creating this dangerous scenario.
Faced with this sudden obstacle, Leduc attempted to stop his motorcycle to avoid a collision. However, due to the urgency of the situation and the limited time to react, Leduc was violently thrown from his motorcycle onto the hard surface of the roadway. The incident occurred in broad daylight, with clear visibility and no adverse weather conditions reported.
At the time of the accident, Curley-Colon was reportedly acting within the course and scope of his employment or agency with Curley-Colon Landscaping, LLC. He was acting for the benefit of the company. This factor added an additional layer of liability to the case.
Injuries
As a direct result of the violent collision and impact with the road, Neil Leduc suffered a wide range of serious and potentially life-altering injuries. The most significant was a concussion, which led to post-concussive syndrome. This traumatic brain injury manifested in symptoms such as persistent brain fog and positional vertigo, potentially affecting Leduc’s cognitive functions and balance.
The impact also caused a severe 4cm jagged laceration to Leduc’s forehead, accompanied by significant hemorrhaging. This injury caused immediate pain and blood loss. It also posed a risk of scarring and potential cosmetic concerns. Leduc sustained abrasions to both his left and right arms, likely from sliding across the road surface after being thrown from his motorcycle.
A right shoulder injury was also reported, which could potentially affect Leduc’s range of motion and ability to perform everyday tasks. Additionally, he suffered a chest wall contusion, which may have caused breathing difficulties and prolonged discomfort.
Beyond the physical injuries, Leduc experienced significant psychological trauma as a result of the accident. He developed anxiety related to riding or being near motorcycles and vehicles. He also reported experiencing vivid flashbacks of the accident and suffering from recurring nightmares, indicating possible post-traumatic stress disorder (PTSD).
The combination of these injuries resulted in considerable pain and suffering for Leduc. Some or all of these injuries were noted to potentially be permanent, or they may have exacerbated underlying dormant conditions, suggesting long-term or lifelong impacts on Leduc’s health and well-being.
Damages
The lawsuit sought substantial monetary damages exceeding $15,000, reflecting the severity of Leduc’s injuries and the significant impact on his life. This amount was intended to cover both economic damages (such as medical expenses and lost wages) and non-economic damages (including pain and suffering, emotional distress, and loss of enjoyment of life).
In addition to monetary damages, Leduc sought recovery of all costs associated with bringing the lawsuit. The complaint also included a request for any other relief that the court deemed appropriate and equitable given the circumstances of the case.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Neil Leduc
- Counsel for Plaintiff: Frank C. Bartlett, Jr.
- Defendant(s):Wilfredo Curly- Colon | Curly- Colon Landscaping LLC
- Counsel for Defendants: Edward W. Gasser
- Experts for Defendant(s): Michael A. Cei
Claims
Neil Leduc filed a comprehensive Motorcycle accident lawsuit against Wilfredo Curley-Colon and Curley-Colon Landscaping, LLC, alleging negligence as the primary cause of action. The complaint detailed several specific claims of negligence against Curley-Colon:
- Failure to keep his vehicle under proper and reasonable control, which directly led to the dangerous situation at the intersection.
- Failure to turn his vehicle in time to avoid the collision, despite having the opportunity to do so with proper attention and care.
- Failure to apply brakes prior to entering Leduc’s lane of travel, which could have prevented or mitigated the severity of the incident.
- Violation of Connecticut General Statute §14-301(c) by failing to grant the right of way when emerging from a street controlled by a stop sign.
- Inattentiveness to his surroundings, which contributed to his failure to notice Leduc’s approaching motorcycle.
- Violation of Connecticut General Statute 14-243 by starting his vehicle when it was not safe to do so.
- Violation of Connecticut General Statute 14-230 by failing to drive in the right-hand lane.
- Failure to bring his vehicle to a complete stop before entering Leduc’s lane of travel.
Defense
The defendant, Wilfredo Curley-Colon, responded to the plaintiff’s claims with a combination of admissions, denials, and special defenses. Curley-Colon admitted to several basic facts about the incident, including his presence at the scene and the requirement to yield the right-of-way. However, he denied key allegations such as proceeding through the intersection, driving into the plaintiff’s lane, and creating an emergency situation. Curley-Colon also denied being careless or negligent.
In his special defenses, Curley-Colon argued that any injuries or damages sustained by the plaintiff were due to the plaintiff’s own negligence and carelessness. He claimed that the plaintiff, Neil Leduc, exceeded the posted speed limit on Brewster Road and traveled at an unreasonable speed for the existing conditions. Curley-Colon also asserted that Leduc failed to be watchful of his surroundings, did not proceed with reasonable care, failed to make reasonable use of his faculties, and did not observe Curley-Colon’s vehicle when he should have done so. These special defenses aimed to shift some or all of the blame for the accident onto the plaintiff, potentially reducing Curley-Colon’s liability in the case.
Expert Testimony
Michael A. Cei was expected to provide testimony in the field of forensic accident reconstruction. Specifically, Cei planned to address braking distances and proper braking techniques for the plaintiff’s motorcycle. His testimony aimed to analyze the technical aspects of the collision, focusing on how the motorcycle’s braking capabilities and the plaintiff’s braking actions may have factored into the accident.
Jury Verdict
On July 25, 2024, the jury reached a verdict in favor of the defendants, Wilfredo Curley-Colon and Curley-Colon Landscaping, LLC.
Court Documents:
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