Joseph Piskura vs. Luke Bolton et al
Case Background
On September 13, 2021, Plaintiff Joseph Piskura filed a Car Accident lawsuit in the Connecticut State, Superior Court of Bridgeport Division(Case number: FBT-CV21-6109634-S). Judge John Riley presided over the case.
Cause
On July 6, 2020, at around 6:01 p.m., Joseph Piskura was driving south on Route 25 in Monroe, Connecticut. Luke Bolton, an employee of Hilario’s Service Center Inc., was driving a 1997 Ford F Super Duty Tow Truck behind him. As Piskura slowed his vehicle due to traffic ahead, Bolton failed to stop in time and collided with the rear of Piskura’s vehicle. The collision occurred on an open public road, with Bolton operating the tow truck within the scope of his employment.
The accident directly resulted from Luke Bolton’s negligence. He drove too closely to Piskura’s vehicle, violating Connecticut General Statutes Chapter 248 Section 14-240. This statute requires drivers to maintain a reasonable and prudent distance from the vehicle ahead. Bolton also drove at a speed greater than was reasonable given the traffic and road conditions, violating Connecticut General Statutes Chapter 248 Section 14-218a. He failed to keep his vehicle under proper control and did not maintain a proper lookout. Although Bolton had the opportunity to avoid the collision by braking or steering away, he failed to take action, leading to the crash.
Injuries
As a result of Bolton’s negligence, Joseph Piskura sustained significant injuries, some of which are permanent. These injuries included a cervical sprain, commonly known as whiplash, resulting from the abrupt flexion and extension of the neck during the impact. This injury aggravated Piskura’s pre-existing degenerative spine disease, leading to further complications. Piskura experienced progressive deterioration and weakness in his right triceps, biceps, and hand, along with decreased sensory function in his right upper extremity. He also suffered a strain in his right shoulder and a lumbosacral strain, both contributing to his ongoing discomfort.
The impact also caused a head injury and a contusion to Piskura’s right knee. Due to the severity of his injuries, Piskura underwent an anterior cervical discectomy and fusion, a surgical procedure to alleviate pain and stabilize his spine. His recovery has been arduous, with persistent pain and suffering expected to continue into the future. These physical injuries have also affected his mental and emotional well-being, causing significant distress. The injuries have greatly diminished Piskura’s ability to enjoy and participate in life’s activities, impacting his overall quality of life.
Damages
Due to the injuries sustained from the collision, Joseph Piskura has incurred substantial medical expenses and will continue to do so. The injuries have caused physical pain and led to a reduced quality of life, limiting his ability to engage in normal daily activities. Piskura sought compensation for ongoing medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Joseph Piskura
- Counsel for Plaintiff: Kimberly Andrade, Esq
- Experts for Plaintiff(s): Kenneth Lipow | John Saturno | Dante Brittis, MD
- Defendant(s): Luke Bolton | Hilario’s Service Centre, Inc.
- Counsel for Defendants: David J. Crotta Jr.
- Experts for Defendant(s): Kevin P. Shea, MD | Dr. Patrick R. Tomak
Claims
In a Car Accident Lawsuit, the claims are based on Luke Bolton’s negligence, which caused the collision and Piskura’s injuries. The lawsuit asserted that Bolton’s actions violated several traffic safety statutes and standards of reasonable care, making him liable for the damages. Piskura is also holding Hilario’s Service Center Inc. vicariously liable for the actions of its employee. Under the principle of respondeat superior, an employer is responsible for its employees’ negligent actions when those actions occur within the scope of employment. At the time of the accident, Bolton was operating the tow truck as part of his duties for Hilario’s Service Center Inc., making the company liable for the injuries and damages suffered by Piskura.
Defense
The defense argued that Joseph Piskura’s negligence significantly contributed to the accident and his injuries. They claimed Piskura abruptly stopped his vehicle without warning, leaving Luke Bolton no time to react or avoid the collision. The defense also contended that Piskura failed to signal his intent to stop by not applying his brake lights in time, which would have alerted Bolton to slow down or stop. They denied that Bolton’s negligence caused the accident and Piskura’s injuries, asserting that Piskura’s actions were a substantial factor in causing the incident.
Expert Testimony
Dr. Kenneth Lipow, a neurosurgeon, testified for the plaintiff after reviewing Joseph Piskura’s medical history, physical examinations, diagnosis, causation, treatment, and prognosis related to the July 6, 2020, collision. Relying on medical records from various providers, police accident reports, photographs, and medical imaging studies, Dr. Lipow addressed the nature and extent of Piskura’s injuries, including cervical injuries necessitating surgery. John Saturno, an expert in auto body repair, testified that his inspection of Piskura’s vehicle on August 10, 2020, revealed extensive damage to the rear, including the bumper, tailgate, tow hitch, and frame.
On the defense side, Dr. Kevin P. Shea, a board-certified orthopedic surgeon, testified that he reviewed Piskura’s medical records, radiology studies, and other discovery materials. He provided his findings and opinions on the causal connection between the motor vehicle accident and Piskura’s complaints of a right shoulder injury. Dr. Patrick R. Tomak, a neurosurgeon from the Ayer Neuroscience Institute, also testified. He focused on Piskura’s medical history before and after the accident. Dr. Tomak discussed Piskura’s pain, functional limitations, diagnoses, treatments, outcomes, and the causality between the accident and the injuries reported by Piskura.
Jury Verdict
On August 23, 2024, the jury found in favor of Joseph Piskura against Luke Bolton and Hilario’s Service Center, Inc. They determined that Luke Bolton and Hilario’s Service Center, Inc. were 75% liable for the incident, while Joseph Piskura bore 25% of the liability. The jury awarded a total of $301,541.95 in damages, including $101,541.95 for economic damages and $200,000 for noneconomic damages. After considering Joseph Piskura’s 25% liability, the final award was reduced to $226,156.46 in a Car Accident Lawsuit.
Court Documents:
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