Mark C. Diebolt vs. Keith B. Neilson

Case Background

On October 13, 2022, Plaintiff Mark C. Diebolt filed a bicycle accident lawsuit in the Connecticut Superior Court, New London Judicial District (Case number: KNL-CV22-6058782-S). Judge Cecil Thomas presided over this case.

Cause

On July 7, 2021, Plaintiff Mark C. Diebolt rode his bicycle northbound on Route 154 in Essex, Connecticut. He approached South Cove Lane while following Connecticut General Statute §14-286b, maintaining a safe distance from the right side of the roadway. Defendant Keith B. Neilson drove a GMC Yukon Denali onto Route 154 from South Cove Lane. As he moved into the roadway to gain better visibility, he focused only on traffic from his right and ignored the Plaintiff approaching from his left. The Plaintiff tried to brake but collided with the front driver’s side of the Defendant’s vehicle. The impact threw the Plaintiff over his handlebars, slamming his back onto the windshield before he hit the ground.

Injuries

The Plaintiff sustained severe injuries in this bicycle accident. He suffered nondisplaced fractures in the left L1 to L4 transverse processes of his back, nerve and muscular injuries, and fractures to his right ankle, tibia, fibula, and anterior ribs. He also experienced pulmonary contusions and required a urological procedure. These injuries caused permanent limitations in his range of motion, disfigurement, and ongoing physical and emotional pain.

Damages

The Plaintiff faced substantial economic damages due to this bicycle accident. These included past and future medical expenses, lost wages, and a diminished earning capacity. His injuries restricted his ability to travel for work-related obligations. As an accomplished athlete and member of Team USA, the Plaintiff faced significant career setbacks. He had qualified for the Triathlon World Championship in both Olympic and Ultra-Distance categories but could no longer compete.

Non-economic damages from the bicycle accident included physical pain, emotional suffering, and a loss of enjoyment of life. The Plaintiff now lives with the ongoing fear of future medical treatments and permanent disabilities, which affect both his athletic performance and daily activities.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Mark C. Diebolt
    • Counsel for Plaintiff: Timothy Brignole | James T. Scull | Robert I. Reardon
  • Defendant(s): Keith B. Neilson
    • Counsel for Defendants: Christopher M. Russo

Claims

The Plaintiff filed negligence claims against the Defendant, citing multiple statutory violations. These included Connecticut Gen. Statute §14-242(a) for making an improper turn and failing to yield at a junction, as well as §14-300d for failing to exercise due care to avoid a collision with a bicyclist. The Defendant also violated §14-301 by not stopping at a marked stop line and failing to grant the right-of-way to the Plaintiff, which led to the bicycle accident.

The Plaintiff sought compensatory damages, including double or treble damages under Connecticut Gen. Statute §14-295, for the Defendant’s reckless disregard for roadway safety.

Defense

The defense argued that the Plaintiff’s negligence and carelessness contributed to his injuries in the bicycle accident. They claimed he failed to maintain proper control of his bicycle and did not keep a proper lookout on Route 154. They further alleged that he rode at an excessive speed and failed to slow down or maneuver to avoid the collision.

The defense also criticized the Plaintiff’s use of racing equipment, such as aero bars, which they argued were unsuitable for public roadways. They claimed his aerodynamic racing posture, with his head and torso lowered, impaired his ability to respond to road conditions. Additionally, they argued that his decision to train for a triathlon on a public roadway with intersecting streets created unnecessary risks.

To reduce or eliminate liability, the defense invoked Connecticut General Statutes §52-572h on comparative negligence. They also argued contributory recklessness and suggested that the State of Connecticut’s actions constituted an independent or intervening cause of the bicycle accident.

Jury Verdict

On January 29, 2025, the jury ruled in favor of Plaintiff Mark C. Diebolt in this bicycle accident case. They found Keith B. Neilson 60% liable and Mark C. Diebolt 40% liable, making the Plaintiff partially responsible for the incident.

The jury awarded total damages of $639,329.09. This included $86,329.09 in economic damages and $553,000 in non-economic damages. After accounting for the Plaintiff’s 40% liability, the Court reduced the award, leaving the Plaintiff with $283,603.46.

Court Documents:

Complaint

Answer

Jury Verdict