Tillman, Calvin v. Travelers Constitution State Insurance Company
Case Background
On March 7, 2023, Calvin Tillman, a bus driver, filed a lawsuit against his employer, Defendant H.N.S. Management Company, LLC, dba CT Transit and Travelers Constitution State Insurance Company seeking damages for injuries and losses sustained in a motor vehicle accident during his employment.
The case was filed in the Connecticut State, Superior Court, New Haven Division. Judges Barbara Jongbloed, Cesar Noble, Elizabeth Stewart, and Neeta Vatti presided over this case. [Case number: NNH-CV23-6130819-S]
Cause
Defendant, Travelers Constitution State Insurance Company, operated as an insurance company authorized in Connecticut to issue automobile liability insurance policies. On October 28, 2021, Plaintiff Calvin Tillman, drove CT Transit bus #1763 as an agent and employee of Defendant H.N.S. Management Company, LLC, doing business as CT Transit (“HNS”). As an employee of HNS, Plaintiff held coverage under an insurance policy which included uninsured motorist benefits with Defendant.
To the best of the Plaintiff’s knowledge, this policy was in full effect at all times mentioned. As an insured individual under this policy, the Plaintiff was entitled to uninsured motorist coverage according to C.G.S. §38a-336.
On October 28, 2021, around 5:19 p.m., while operating CT Transit bus #1763, Run #1144, Route #271S outbound on Columbus Avenue, Plaintiff came to a complete stop for traffic in New Haven, Connecticut.
At the same time and place, an unknown tortfeasor driving what appeared to be a Honda motor vehicle struck the rear of the Plaintiff’s bus without warning. The vehicle then fled the scene, causing the Plaintiff injuries, damages, and losses.
Injury
As a direct and proximate result of the tortfeasor’s negligence and carelessness, the Plaintiff sustained several injuries. These included a cervical sprain, bilateral shoulder pain, a thoracic sprain, and a lumbar sprain. Some or all of these injuries were likely to be permanent in nature.
Damages
As a direct and proximate result of the tortfeasor’s negligence and carelessness, the Plaintiff incurred expenses for medical care, X-rays, and pharmaceuticals. These costs contributed to further losses and damages. Additionally, it is likely that the Plaintiff would need to incur similar expenses in the future.
Furthermore, due to the tortfeasor’s actions, the Plaintiff experienced emotional distress, depression, and anxiety. These issues interfered with the Plaintiff’s daily activities and may continue to do so in the future.
Finally, the Plaintiff suffered a loss of income, which negatively impacted his overall well-being and financial situation.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Calvin Tillman
- Counsel for Plaintiff(s): John Myer
- Defendant(s): Travelers Constitution State Insurance Company | H.N.S. Management Company, Inc. d/b/a CT Transit.
- Counsel for Defendant(s): Bethany B. Karas
Claims
The collision and the injuries, damages, and losses experienced by the Plaintiff resulted from the negligence and carelessness of the tortfeasor in several ways.
First, the tortfeasor failed to maintain proper attention and did not keep a reasonable lookout. Second, they did not control the motor vehicle appropriately. Additionally, the tortfeasor operated the vehicle at a speed that exceeded what the circumstances warranted and failed to slow down when necessary.
Moreover, the tortfeasor did not take action to avoid a collision by stopping, swerving, or maneuvering the vehicle effectively. Although it was feasible, the tortfeasor chose not to stop or turn the vehicle left or right to prevent the crash.
Furthermore, the tortfeasor did not utilize their senses and faculties adequately. They also neglected to sound the horn or provide any warning of their approach when it was required by reasonable care.
Finally, the tortfeasor failed to apply the brakes in time to avoid the accident. They traveled at an unsafe speed for the conditions, which violated C.G.S. §14-218a(a). Additionally, they followed too closely, violating C.G.S. §14-240.
Plaintiff alleged that Defendant bore legal responsibility for the injuries, damages, and losses incurred by Plaintiff, as outlined in their contract and in accordance with §38a-336 of the Connecticut General Statutes.
Defense
First Special Defense
At the time of the alleged incident on October 28, 2021, the State provided uninsured motorist coverage of $25,000 for each person and $50,000 for each accident.
Second Special Defense
According to the terms of the State’s uninsured motorist coverage and Connecticut law, Defendant was entitled to a credit or reduction based on any payment the Plaintiff received from the alleged tortfeasor.
Third Special Defense
Under the State’s uninsured motorist coverage and Connecticut law, Defendant was also entitled to a credit or reduction for any payments made to individuals on the CT Transit bus during the incident related to uninsured motorist benefits.
Fourth Special Defense
Any amount awarded to the Plaintiff for the uninsured motorist claim would be subject to a set-off for any Workers’ Compensation benefits received. This also applies to any payments from other insurance policies or recovery sources allowed by law.
Jury Verdict
On September 17, 2024, the Connecticut jury returned the verdict in favor of Plaintiff Calvin Tillman and against Defendant H.N.S. Management Company, Inc. d/b/a CT Transit.
They awarded him $15,450.81 in damages and the breakdown of the amount is as follows:
- Economic Damages – $8900.81
- Medical Bills – $8200.81
- Lost Wages – $700
- Noneconomic Damages – $6550.00
Hon. Cesar Noble entered a judgment consistent with the verdict.
Post-trial Motion:
On September 27, 2024, the Defendant, H.N.S. Management Company, Inc. dba CT Transit, requested the Court to reduce the damage award in this case. Alternatively, the Defendant sought to have the verdict set aside.
The Defendant argued that the verdict was excessive and not supported by the evidence. Specifically, there was no evidence to justify the jury’s award for lost wages. The Plaintiff did not present any tangible evidence, nor did he provide specific testimony regarding the amount of lost wages incurred.
Calvin Tillman failed to offer concrete evidence or detailed figures for the lost wages. Consequently, any award from the Jury relied solely on speculation. Therefore, the Court should either reduce the award for lost wages to zero dollars or set aside the verdict entirely.
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