Mendoza Ramirez, Santos Albina v. Contreras, David Et Al

On March 22, 2024, the Connecticut jury returned a defense verdict in a personal injury lawsuit arising out of a motor vehicle accident that occurred due to negligence at an intersection

Case Background

On September 13, 2022, Santos Albina Mendoza Ramirez filed a lawsuit claiming negligence by David Conteras following a car accident. Judge Maximino Medina presided over the case. [Case number: DBD-CV22-6044043-S]

Cause

On February 8, 2022, around 3:31 p.m., Ramirez was driving east on Patch Street and approached the intersection with Maple Avenue. Conteras, driving a vehicle owned by Ned Stevens Gutter Cleaning and General Contracting of Connecticut LLC, was traveling south on Maple Avenue. Without warning, Conteras’s vehicle entered the intersection and collided with Ramirez’s vehicle, causing injuries and losses.

Injury

Ramirez sustained several injuries, including headaches, head pain, loss of consciousness, neck pain, and pain extending to both shoulders, arms, elbows, and hands. She also experienced back, chest, left hip, and leg pain, aggravating pre-existing right ankle pain. These injuries caused significant physical and mental suffering.

Damages

Ramirez incurred substantial expenses for hospital and medical care, including medications, diagnostic tests, and therapy. The accident also led to financial hardship due to missed work and a loss of earning capacity. Her inability to engage in usual activities negatively impacted her quality of life.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): David Contreras
    • Counsel for Defendant(s): Shari N. Pearlman

Claims

The Plaintiff claimed that the collision resulted from the Defendant’s negligence. Specifically, he failed to maintain a proper lookout for other vehicles on the road. Additionally, he did not apply the brakes in time to prevent the collision. It was claimed that Defendant was inattentive while operating the vehicle and drove too close to other vehicles, obstructing traffic. This behavior violated Section 14-240(b) of the Connecticut General Statutes.

Furthermore, it was asserted that Ned Stevens Gutter Cleaning and General Contracting was vicariously liable as the Defendant was driving a vehicle owned by the company at the time of the accident.

Defense

The defense denied causing the accident through negligence. They argued that if Ramirez suffered any injuries or damages, these were due to her own negligence. Specifically, they claimed:

1. The plaintiff did not exercise proper care while driving.
2. She failed to use her senses and faculties appropriately.
3. She ignored a required stop sign.
4. She violated C.G.S Sec. 14-301 by not stopping at the stop sign.
5. She entered the intersection when it was unsafe.
6. She operated her vehicle inattentively and without proper observation.
7. She did not yield the right of way to the defendant.
8. She did not maneuver her vehicle to avoid the collision.
9. She did not stop or reduce her speed when necessary.
10. She did not behave as a reasonable person would under the circumstances.
11. She drove at an excessive and unreasonable speed.

Expert Testimony

Dr. Alfred S. Costanzo and Dr. James DePuy M.D. provided expert testimony regarding the Plaintiff’s injuries and treatment. They testified regarding the examination and treatment of the Plaintiff. The purpose of their testimony was to show that the injuries that Ramirez suffered were directly related to the accident of February 8, 2022, and are permanent.

Jury Verdict

On March 22, 2024, the Connecticut jury returned a defense verdict. The jury held that Plaintiff was not entitled to recover damages from Defendants David Contreras and Ned Stevens Gutter Cleaning and General Contracting of Connecticut LLC. Judge Maximino Medino entered a judgment consistent with the verdict on the same date.

On April 01, 2024, the Plaintiff filed a motion to set aside the verdict, but it was denied.

Court Documents:

Complaint

Answer

Verdict