Daniel DaSilva et al v. Bertram H Cousins et al

Parties Involved

  • Plaintiff(s):Daniel DaSilva | Cristiane DaSilva
    • Counsel for Plaintiff: A.  Twillie,II


  • Defendant(s): Bertram H Cousins | Bozzuto’s Ink
    • Counsel for Defendants: Marshall Dennehey


Verdict Information

  • Verdict Date: May 17, 2024
  • Total Damages awarded to Plaintiff: $ 1,274,001.01
    • Damages awarded to Daniel DaSilva: $575,912.42
      • Non-economic damages: $376,000
      • Economic damages: $199,912.42
    • Damages awarded to Christiane DaSilva: $698,088.59
      • Non-economic damages: $444,000
      • Economic damages: $254,088.59

 About the Case


On May 7, 2018, a serious rear-end collision occurred on Interstate 84 near Exit 40 in the town of West Hartford, Connecticut. Daniel DaSilva, the operator of one of the vehicles involved, and his wife Christiane DaSilva, who was a passenger in Daniel’s vehicle, filed a personal injury lawsuit against Bertram H. Cousins and Cousins’ employer, Bozzuto’s Inc.

In their complaint, the plaintiffs alleged that Bertram H. Cousins negligently and carelessly operated the motor vehicle he was driving, which was owned by Bozzuto’s Inc. Cousins was traveling directly behind the DaSilvas’ vehicle on I-84 westbound. Then, suddenly and without warning, Cousins failed to bring his vehicle to a complete stop, causing it to violently crash into the rear of the DaSilvas’ vehicle.

The plaintiffs claimed Cousins’ negligence occurred in several specific ways: following too closely in violation of Connecticut’s vehicle laws, failing to maintain proper and reasonable control of his vehicle, failing to keep a proper lookout for other vehicles on the roadway ahead of him, failing to make proper use of his faculties and senses to avoid the collision, failing to apply the brakes in time despite being able to do so, and operating at an unreasonable speed given the traffic, weather, and road conditions in violation of state statutes.


As a direct result of the forceful rear-end collision caused by Bertram H. Cousins’ negligent driving, Daniel DaSilva suffered severe and debilitating injuries. He sustained sprains and strains to his cervical (neck) and lumbar (lower back) spine. More seriously, he experienced a grade 3 dislocation of his right shoulder joint as well as fractures to the coracoid process, scapula, and acromion in his right shoulder area. Medical evaluations determined Daniel had a 12% permanent partial impairment of his right shoulder due to the accident injuries. He also suffered a traumatic loss of consciousness, headaches, dizziness, nausea, an occipital laceration, trouble sleeping, loss of range of motion, and muscle spasms. Overall, Daniel endured significant mental and physical pain and suffering along with an inability to enjoy normal activities of daily living.

Christiane DaSilva, who was a passenger in the vehicle struck from behind, also suffered greatly from the violent impact. Like her husband, she sustained a cervical spine sprain as well as a protruding disc between the C5-C6 vertebrae, which resulted in a 7% permanent partial impairment rating of her cervical spine. She experienced a concussion with severe headaches. The collision further caused a chest wall contusion, ongoing chest and rib pain and functional limitations, and even a collapsed lung known as a pneumothorax. Other injuries included loss of consciousness, dizziness, nausea, sleep disturbances, limited range of motion, muscle spasms, an inability to perform daily activities, mental anguish, and diminished quality of life. Both Daniel and Christiane incurred substantial medical expenses from hospitalizations, treatments, testing, physical therapy, and medications related to the crash. They also suffered economic losses from missed workdays and lost wages.


The lawsuit claimed negligence, recklessness justifying double/treble damages under the Connecticut statute, and vicarious liability for Bozzuto’s Inc. as Cousins’ employer. Monetary damages, statutory enhanced damages, costs, and other relief were demanded.

Jury Verdict

The jury awarded total damages of $698,088.59 to Christiane DaSilva. This amount included $444,000 in non-economic damages and $254,088.59 in economic damages. Additionally, the jury awarded total damages of $575,912.42 to Daniel DaSilva. This amount included $376,000 in non-economic damages and $199,912.42 in economic damages. Further, the jury found in favor of the defendant on the violation of Connecticut General Statutes §14-295.

Court Documents


1. Jury Verdict in favor of Daniel DaSilva

2. Jury Verdict in favor of Christiane DaSilva

3. Jury Verdict in favor of Defendant