Gray Miguel v. Fathi A. Awad

 Case Background

The Personal Injury lawsuit was filed on February 28,2022  by Plaintiff Gray Miguel in the Connecticut State, Superior Court, Stamford Division (Case number: FST-CV22-6055612-S) and was presided over by the Judges  Kenneth Povodator, Sheila Ozalis, and Yamini Menon.

Cause

On March 15, 2021, at approximately 9:36 am, Miguel Gray was stationary in his vehicle in the parking lot of a gas station at 250 Hope Street in Stamford, Connecticut. At the same time and location, Fathi A. Awad was operating a vehicle owned by AF Wholesale Transport Inc. While maneuvering in the parking lot, Awad reversed his vehicle and collided with Gray’s stationary vehicle. The collision occurred due to a series of negligent actions by Awad. He failed to back up safely, did not maintain proper control of his vehicle, and neglected to keep a proper lookout for other vehicles in the vicinity. Furthermore, Awad did not apply his brakes in time to prevent the collision, failed to steer to avoid impact, and did not use his horn or flash his lights to warn of the impending collision. These actions, along with a general failure to exercise due care, directly led to the accident.

Injuries

As a direct result of the collision caused by Awad’s negligence, Miguel Gray suffered multiple injuries, some potentially permanent. He sustained a neck injury, which could lead to long-term pain and mobility issues. He also incurred both upper and lower back injuries, often resulting in chronic pain and requiring ongoing treatment. Additionally, Gray experienced emotional distress following the accident, a serious consequence of unexpected traumatic events. These injuries caused Gray to endure immediate and ongoing pain and suffering. The impact extended beyond the immediate aftermath, with the likelihood that Gray would continue to experience pain, discomfort, and emotional distress in the future due to the enduring nature of his injuries.

Damages

The plaintiff sought monetary relief exceeding $15,000, exclusive of interest and costs, to compensate for various damages incurred. Gray incurred substantial medical expenses for the treatment of his neck and back injuries and potential costs for addressing his emotional distress. These expenses were not limited to immediate post-accident care but were likely to continue given the potentially permanent nature of his injuries. Beyond direct medical costs, Gray’s quality of life was significantly impacted. His ability to pursue and enjoy leisure activities was notably reduced due to his injuries, representing a tangible loss of life enjoyment. This diminished capacity could extend indefinitely, depending on the long-term effects of his injuries. Furthermore, the ongoing pain and suffering experienced by Gray constituted significant non-economic damages, affecting his daily life and overall well-being. 

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Gray Miguel
    • Counsel for Plaintiff: R Bracken, Esq.

 

  • Defendant(s):Fathi A. Awad | AF Wholesale Transport In.
    • Counsel for Defendants: Joan Rosania, Esq.
    • Experts for Defendant(s): Philo F. Willetts, MD | Ali M. Sadegah, Ph.D., P.E., CMfg.E.

Claims

Miguel Gray, through his attorney Douglas R. Bracken of Perkins & Associates, filed a comprehensive legal complaint against both Fathi A. Awad and AF Wholesale Transport Inc. in the Superior Court of the Stamford/Norwalk Judicial District. The complaint consisted of two main counts. In the first count, directed against Fathi A. Awad, Gray claimed that Awad’s negligent operation of the vehicle directly caused the collision and resulting injuries. The second count was aimed at AF Wholesale Transport Inc., asserting vicarious liability. Gray claimed that at the time of the accident, Awad was operating the vehicle within the scope of his employment and in furtherance of AF Wholesale Transport Inc.’s legitimate business interests. This employment relationship made the company liable for the injuries, losses, and damages suffered by Gray as a result of their employee’s negligence.

Defense

The defendants, Fathi Awad and AF Wholesale Transport, Inc., responded to Miguel Gray’s complaint with a strategic defense. They admitted to key facts while contesting most of the allegations. Awad acknowledged operating AF Wholesale Transport’s vehicle in the gas station parking lot and failing to keep a proper lookout. The company confirmed Awad was acting within his employment scope. However, for the majority of claims, including the collision itself, resulting injuries, and alleged damages, both defendants claimed insufficient knowledge to admit or deny, leaving Gray to prove these allegations. They neither confirmed nor denied claims of negligence or the extent of injuries and damages sought.

Expert Testimony

Dr. Philo F. Willetts, a medical expert, testified that Miguel Gray likely sustained only a transient low back sprain from the March 2021 accident, with no permanent impairment or need for further treatment. He questioned the credibility of reported ongoing symptoms and attributed Gray’s lingering issues to prior and subsequent incidents. Dr. Ali M. Sadegh, an engineering expert, concluded that the collision was a low-speed impact with insufficient force to cause the cervical and lumbar injuries claimed by Gray. He estimated the change in velocity of Gray’s vehicle at approximately 5.27 mph, resulting in an average acceleration of 1.92 G’s on Gray’s body.

Jury Verdict

On June 27, 2024, the jury reached a verdict in favor of the defendants, Fathi Awad and AF Wholesale Transport, Inc. They found against the plaintiff, Miguel Gray, on all of his claims.

Court Documents:

Complaint

Answer

Jury Verdict