Piriz, Herber Et Al v. Morrell, JR, Albert Et Al
On April 05, 2024, the Connecticut jury decided in favor of Defendants Albert Morrell Jr. and Winter Bros Hauling of CT LLC after finding no negligence on their part in causing the July 27, 2020 motor vehicle accident.
Case Background
On July 28, 2022, Herber Piriz and Maria Gloria Hernandez filed an auto negligence lawsuit before the Connecticut State, Superior Court, Stamford JD. Judges Edward Krumeich, Robert Golger, Sheila Ozalis, and Yamini Menon presided over this case. [Case number: FST-CV22-6057638-S]
Cause
On July 27, 2020, around 7:45 a.m., Plaintiff Herber Piriz drove a motor vehicle west on Sunnyside Avenue in Stamford, Connecticut. Plaintiff Maria Gloria Hernandez was in the same car. He was about fifty feet from the intersection with Southfield Avenue.
On the same day and time, Defendant Albert Morrell Jr. was also driving a vehicle owned by Winter Bros Hauling of CT LLC, west on Sunnyside Avenue, directly in front of Piriz. Without warning, Morrell suddenly reversed his vehicle into a private driveway on Sunnyside Avenue. This unexpected maneuver resulted in a collision with Piriz’s vehicle, causing him damage and injuries.
Injury
Due to the Defendant’s negligence, Piriz experienced numerous health issues. These included headaches, memory loss, and forgetfulness. Additionally, the Plaintiff suffered from neck pain, cervical neck spasms, and cervicalgia. He also faced multilevel chronic spondylosis of the cervical spine and acute musculoligamentous strain in the cervical spine. A C3/4 posterior subligamentous disc herniation occurred, which broad-based and effaced the ventral thecal sac, abutting the ventral cord with broad peripheral extension.
This condition narrowed the left proximal foramen due to unconvertebral joint and facet joint hypertrophy, resulting in left foraminal stenosis and left C4 nerve root impingement. He also suffered C4/5 left peripheral disc bulging with facet hypertrophy, more pronounced on the left side, causing left foraminal stenosis and left C5 nerve root impingement. There was a 5% permanent partial impairment to the cervical spine.
Furthermore, Piriz suffered from left shoulder pain, with a probable tear of the left biceps tendon. He also had mild glenohumeral and acromioclavicular joint arthrosis of the left shoulder and partial tearing of the rotator cuff, resulting in a 10% permanent partial impairment to the left shoulder. He experienced left arm pain, bilateral knee pain, and severe chronic bilateral knee arthrosis. Multiple right suprapatellar osseous loose bodies were present in the right knee. Other issues included cervicobrachial syndrome, myositis, and a sprain of the left rotator cuff capsule. Piriz also had low back pain, and sleep disturbances, and endured pain and suffering.
Maria Gloria Hernandez also suffered several injuries which included:
1. Neck pain.
2. A strain or sprain in the cervical area of her spine, causing pain and discomfort.
3. An 8% permanent partial impairment of the cervical spine.
4. Back pain.
5. A strain or sprain in the lumbar area of her spine, leading to pain and discomfort.
6. Sleep disturbances.
7. Both mental and physical pain and suffering.
Damages
Due to Albert Morrell Jr.’s negligence, both Herber Piriz and Maria Gloria Hernandez had to spend significant amounts of money on medical care and treatment. These expenses were necessary for his recovery and caused financial loss. They might need to spend more money in the future.
Furthermore, as a result of Morrell’s negligence, the Plaintiffs could not engage in or enjoy usual life activities. This inability continued affecting their daily life and well-being.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Herber Piriz | Maria Gloria Hernandez
- Counsel for Plaintiff(s): Joanna Ramirez Haddad | George Fernandes
- Defendant(s): Albert Morrell Jr. | Winter Bros Hauling of CT LLC
- Counsel for Defendant(s): Claire M. McNamara
Claims
The Plaintiff claimed that the collision resulted from Albert Morrell Jr.’s negligence in several ways. He failed to keep a proper lookout for other vehicles on the road. Additionally, he did not turn or swerve to avoid the collision. He also did not apply the brakes in time to prevent the crash. Furthermore, he neglected to sound the horn or give a timely warning of the impending collision. Morrell did not maintain proper control of his vehicle and was inattentive while driving.
He also failed to drive within a single lane, moving out of it without ensuring the movement was safe, which violated Section 14-236(1) of the Connecticut General Statutes. Moreover, he drove so close to another vehicle that it obstructed or impeded traffic, in violation of Section 14-240(b) of the Connecticut General Statutes.
Moreover, since Winter Bros Hauling of CT LLC was the owner of the vehicle and it had permitted Morrell to drive the car in the capacity of its employee, it was vicariously liable to the Plaintiffs.
Defense
The defense claimed that any damages or injuries sustained by Herber Piriz and Maria Hernandez resulted from Piriz’s negligence and carelessness as he, allegedly:
1. Did not keep a proper lookout while driving on the public street.
2. Was inattentive while operating his motor vehicle.
3. Failed to use his judgment to avoid crashing into the rear of the Defendant’s vehicle.
4. Did not consider alternative routes to ensure his safety around the Defendant’s vehicle.
5. Was not watchful of his surroundings or the conditions before hitting the Defendant’s vehicle.
6. Did not look where he was driving.
7. Failed to maintain proper control of his vehicle.
8. Followed the vehicle in front of him too closely, violating Connecticut General Statutes Sec. 14-240.
On August 17, 2024, the Defendants filed an apportionment complaint seeking apportionment of liability of damages to Herber Piriz pursuant to Connecticut General Statutes Sec. 52-102b and 52-572h.
Jury Verdict
On April 05, 2024, the Connecticut jury returned a defense verdict. The jury found the issues in favor of Defendants Albert Morrell Jr. and Winter Bros Hauling of CT LLC.
On April 10, 2024, the Plaintiffs filed a motion to set aside the verdict on the grounds that the said verdict was contrary to law and against said evidence. On April 14, 2024, the Defendants filed an injection to the Plaintiffs’ motion to set aside the verdict.
Leave A Comment