Connecticut Auto Negligence Lawsuit: Jury Awards $250K in Underinsured Motorist Benefits Claim

Dyer, Thomas v. Ivanov, Margarita

On July 19, 2024, the Connecticut jury awarded Thomas Dyer a $250,000 verdict against Travelers Indemnity Company for underinsured motorist benefits in the present auto negligence case which arose from a motor vehicle accident on a highway.

Case Background

On June 20, 2022, Thomas Dyer filed a complaint against Margarita Ivanov for auto negligence before the Connecticut Superior Court, Judicial Division of Meriden. However, on May 24, 2024, an amended complaint was filed where Dyer’s vehicle insurance company, Travelers Indemnity Company was added to the lawsuit to seek underinsured motorist benefits. Judges John Riley and Steven Jacobs presided over this case. [Case number: NNI-CV22-6026678-S]

Cause

On June 14, 2021, around 9:35 a.m., Thomas Dyer was driving north in the right center lane of four on Interstate 91 in Windsor, Connecticut. At the same time, Margarita Ivanov was driving north in the left lane of four on the same highway.

Without warning, Ivanov’s vehicle hydroplaned across the highway. It hit the concrete barrier and then collided with Dyer’s vehicle. This accident caused Dyer to suffer injuries and losses.

Margarita Ivanov’s automobile liability insurance policy with Progressive Direct Insurance Company would be insufficient to cover Dyer’s losses.

At the time of the motor vehicle accident, Thomas Dyer’s vehicle was insured with The Travelers Indemnity Company. Per section 38a-336 of the Connecticut General Statutes, The Travelers Indemnity Company was liable to prove underinsured motorist benefits to Dyer.

Injury

As a result of the collision, Thomas Dyer sustained several injuries, some of which might be permanent. These injuries included:

a) Cervical strain.
b) Neck pain.
c) Shoulder pain.
d) Lumbar strain.
e) Back pain.
f) Buttock pain.
g) Both mental and physical pain and suffering.

Additionally, Thomas Dyer incurred medical expenses for treatment and will likely face further costs in the future. He also lost wages due to time missed from work. Furthermore, he was unable to participate in and enjoy his usual activities due to Ivanov’s auto negligence.

Damages

Thomas Dyer sought monetary compensation for the damages caused by the negligence of Margarita Ivanov. He also sought the benefits and compensation available under his valid insurance policy with The Travelers Indemnity Company.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Thomas Dyer
  • Counsel for Plaintiff(s): Brian M. Flood
  • Experts for Plaintiff(s): Alisa Darling, M.D. | Glenn Taylor, M.D. | Mark Mashia, D.C. | W. Jay Krompinger, M.D.

• Defendant(s): Travelers Indemnity Company | Margarita Ivanov (later removed)
  • Counsel for Defendant(s): Shari N. Pearlman

Claims

The Plaintiff alleged that the collisions resulted from Margarita Ivanov’s negligence in several ways:

a) She failed to maintain a proper lookout.
b) She did not turn or swerve to avoid the collisions.
c) She did not apply the brakes in time.
d) She failed to use the horn or provide a timely warning.
e) She did not keep the vehicle under control.
f) She was inattentive while driving.
g) She drove too fast in the rain.
h) She drove at an unreasonable speed considering the road conditions, traffic, and weather, violating § 14-218a of the Connecticut General Statutes.
i) She obstructed or impeded traffic, violating § 14-240(b) of the Connecticut General Statutes.

Defense

Defendant Travelers Indemnity Company denied the allegations levied against it. By way of special defense, it asserted that according to the insurance contract, any judgment or recovery for the plaintiff was restricted to the policy limits. The auto insurance policy, Policy No. BA-2L172098, issued by the Defendant, covered up to $1,000,000.

Expert Testimony

Plaintiff Thomas Dyer called upon multiple medical expert witnesses who testified about his medical condition, including examinations, findings, and diagnosis. They discussed the nature and extent of his injuries and their causes. Additionally, they covered the treatment received, recommendations, and the Plaintiff’s prognosis. The experts also addressed future treatment needs, associated costs, and the potential permanency of the injuries.

Jury Verdict

On July 19, 2024, the Connecticut jury found in favor of the Plaintiff and awarded them $250,000 against the Travelers Indemnity Company.

Post-trial motions

On July 23, 2024, the Defendant filed for a motion to reduce the verdict under Connecticut Practice Book Sections 16-35 and 17-2A.

Court Documents:

Complaint

Answer

Verdict