DaSilva v. Cousins: $1.27M Jury Verdict in Crash

Case Background

On May 7, 2018, a routine drive on Interstate 84 near Exit 40 in West Hartford, Connecticut, turned into a violent crash. Daniel DaSilva was driving westbound with his wife, Cristiane, in the passenger seat when a tractor-trailer owned by Bozzuto’s, Inc. and operated by its employee, Bertram H. Cousins, slammed into the rear of their car. The impact caused serious injuries to both Daniel and Cristiane.

The DaSilvas filed a lawsuit on February 23, 2020, claiming that Cousins drove carelessly and recklessly, and that Bozzuto’s bore responsibility as his employer. They sought damages for their medical costs, pain, and disruption to their lives. They also pursued statutory multiple damages, arguing that Cousins had driven with reckless disregard for safety.

The defense responded by denying fault and shifting blame. Their attorneys claimed that the DaSilvas contributed to their own injuries by failing to act as reasonably careful drivers and passengers.

The case moved through years of litigation before finally reaching trial. On May 17, 2024, a Hartford jury delivered its verdict.

Cause

The Plaintiffs argued two main causes:

Negligence – Cousins failed to stop in time, followed too closely, and drove too fast for conditions.
Recklessness – Cousins allegedly operated his vehicle in deliberate disregard of traffic laws, which, if proven, could trigger double or treble damages under Connecticut law.

Injury

Daniel DaSilva

Daniel’s injuries were extensive. He suffered cervical and lumbar sprains, a grade 3 shoulder dislocation, fractures of the coraco