Danielle Bottass vs. United Ohio Insurance Company

Case Background

On September 16, 2021, Plaintiff  Danielle Bottass filed an uninsured motorist claim lawsuit in the Superior Court of Connecticut State, Waterbury Judicial District (Case number:  UWY-CV21-6062285-S). Judge Carletha Parkinson presided over this case.

Cause

On August 3, 2020, at approximately 3:30 p.m., Danielle Bottass drove a 2019 Toyota Camry northbound on Route 254 in Litchfield, Connecticut. At the same time, Nicholas Nozzolillo operated a 2010 Ford F150 pickup truck traveling eastbound on Route 118. As Ms. Bottass stopped carefully at the intersection of Route 254 and 118 to check for oncoming vehicles, she proceeded to pull out behind a vehicle stopped for a left turn. Suddenly, Mr. Nozzolillo, driving at an excessive speed, failed to stop or evade her car and collided with her vehicle. The collision involved an uninsured motorist, a critical element in the subsequent uninsured motorist claim.

Injuries

The collision caused Danielle Bottass to sustain severe injuries, including bilateral pneumothorax, rib fractures, fractures in both legs and her pelvis, spinal injuries, and damage to vital organs such as her liver, spleen, and kidneys. She also suffered a deep calf laceration, significant scarring, and post-concussion syndrome. Her injuries required numerous surgeries, blood transfusions, a prolonged hospital stay, and extensive rehabilitation. The physical and emotional toll has left her unable to resume normal activities, significantly impacting her quality of life. These injuries formed the basis of her uninsured motorist claim.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Danielle Bottass
    • Counsel for Plaintiff: Richard P. Renehan
  • Defendant(s):United Ohio Insurance Company
    • Counsel for Defendants: Maury M. Garrett, Jr., Esq

Claims

The accident resulted from the negligence of Nicholas Nozzolillo, who violated multiple Connecticut General Statutes. He drove recklessly by exceeding safe speed limits, failing to yield the right of way, and neglecting to maintain proper attention to the road. His actions directly caused the collision and the catastrophic injuries suffered by Ms. Bottass. Since Mr. Nozzolillo was an uninsured motorist, Ms. Bottass filed an uninsured motorist claim under her parents’ policy with United Ohio Insurance Company.

Defense

United Ohio Insurance Company’s defense claimed that the plaintiff, Danielle Bottass, was negligent in causing her own injuries. The insurance company argued that Bottass failed to yield the right of way and drove directly into the path of Nicholas Nozzolillo’s vehicle, despite knowing it was unsafe. They stated that she attempted to make a left turn across oncoming traffic while her view was partially obstructed. The defense asserted that Bottass failed to maintain a proper lookout for other vehicles, did not use reasonable care, and moved her vehicle from a stopped position when it was unsafe to do so. They claimed that she operated her vehicle in a way that obstructed traffic and violated multiple Connecticut General Statutes, including failing to yield the right of way when making a left turn and when facing a stop sign on Route 118.

Additionally, the defense argued that if any injuries occurred, they were caused by the negligence of other parties rather than the defendant. They also contended that any settlement amounts received from other tortfeasors should reduce their judgment and that any recovery should be offset by amounts already paid to the plaintiff through insurance or workers’ compensation.

Jury Verdict

On December 19, 2024, the jury ruled in favor of the plaintiff, Danielle Bottass, in her uninsured motorist claim against United Ohio Insurance Company. The jury found the defendant 95% liable for the damages, while the plaintiff bore 15% of the liability. They awarded $400,000 in economic damages and $1,600,000 in non-economic damages, bringing the total to $2,000,000. After reducing the award based on the plaintiff’s liability, the final amount awarded to Danielle Bottass totaled $1,700,000.

Court Documents:

Complaint

Answer

Jury Verdict