Waterbury Jury Awards $265K in I-291 Crash Case
Table of Contents
Case Background
On January 27, 2022, the legal drama began unfolding when Husein Dunica , the Plaintiff, was operating his vehicle in a westerly direction on Interstate 291 West in South Windsor, Connecticut. At approximately 11:56 a.m., he reached a point in the roadway about two-tenths of a mile west of the Exit 4 off-ramp. Simultaneously, James Mixie , one of the Defendants, operated a motor vehicle owned by Paccar Leasing Company , also traveling west and positioned directly behind Dunica's car.
Mixie's vehicle suddenly and without warning collided with Dunica's vehicle, which caused Dunica to lose control and subsequently strike a concrete barrier. The lawsuit, officially filed on March 16, 2023, named James Mixie and Paccar Leasing Company as the original Defendants, with a return date of April 18, 2023. Later, the Plaintiff withdrew the Second Count of the Complaint against Paccar Leasing Company on July 12, 2023. The case proceeded against James Mixie and Connecticut Carriers, Inc., which were ultimately the Defendants in the trial. The Defendants filed their answer and special defense on October 12, 2023.
Cause
The Plaintiff asserted the collision resulted from the negligence of James Mixie. Dunica claimed Mixie was negligent in several ways, primarily by failing to keep a reasonable and proper lookout for other vehicles and following too closely behind the Plaintiff’s car. Dunica also stated Mixie failed to turn or swerve to avoid the collision , failed to apply the brakes in time to avoid the collision , failed to sound his horn to give a warning , and ultimately failed to keep the vehicle under proper control. Furthermore, Dunica claimed Mixie operated the vehicle in an inattentive manner and at a rate of speed greater than was reasonable.
Injury
As a result of the collision and Mixie's negligence, Dunica claimed to have suffered numerous injuries, some potentially permanent. These injuries included head pain, headaches, neck pain, and back pain. He also claimed pain in his left shoulder, left elbow, left arm, left hip, and left leg , as well as bilateral knee pain. Beyond the physical pain, Dunica claimed to have suffered physical and mental pain and suffering.
Damages Sought
Beyond the physical and mental injuries, Dunica sought money damages for the financial repercussions of the crash. He had been forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests, and therapy, and anticipated future expenses. Additionally, he was unable to work to his financial detriment, which led to a loss of earning capacity. Finally, Dunica claimed he was, and remained, unable to participate in and enjoy his usual activities. The total amount of money damages claimed was greater than Fifteen Thousand Dollars ($15,000.00).
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Husein Dunica.
· Counsel for Plaintiff(s): Garrett M. Moore, Sr., Esq.,
· Experts for Plaintiff: Patrick Duffy | Pooia Fattahi | Eric Katz | Paul Pezzino
Defendant(s): James Mixie | Connecticut Carriers, Inc.
· Counsel for Defendant(s): Kevin M. Roche
· Experts for Defendant(s): Roshni Patel | Steven E. Selden
Key Arguments or Remarks by Counsel
Claims
Regarding the claims against James Mixie (First Count) , Mixie denied the primary allegation that the collision was caused by his negligence. For most of the other allegations in the First Count, including the descriptive paragraphs regarding the location and vehicles involved, Mixie stated he form a was without enough information to belief and therefore left the Plaintiff to the proof.
For the Third Count against Connecticut Carriers, Inc., the Defendants incorporated the same responses for the initial descriptive paragraphs (1-7). However, the key paragraphs alleging the consequences of the negligence specifically, loss of earning capacity (Paragraph 8) , inability to enjoy usual activities (Paragraph 9) , and Paccar Leasing Company’s ownership of the vehicle (Paragraph 10) were admitted. The final allegation against Paccar Leasing Company, claiming liability under Connecticut General Statutes §52-182 and/or §52-183 (Paragraph 11), was denied.
Defense
The defense presented a Special Defense arguing that any injuries, losses, or damages suffered by Dunica were directly and proximately caused by his own negligence. They asserted Dunica's negligence was a substantial factor in producing the accident and was greater than any possible alleged negligence on the part of the Defendants.
The Defendants specifically accused Dunica of negligence because he failed to keep his vehicle under reasonable and proper control by veering his vehicle into the Defendants' lane. Furthermore, he failed to keep a reasonable and proper lookout for other vehicles on the road and failed to apply his brakes, stop, or slow his vehicle in time to avoid a collision with the Defendants' vehicle. The defense also claimed he failed to turn his motor vehicle to avoid a collision with the Defendants' vehicle, failed to sound his horn or give a timely warning of the impending collision, and operated his vehicle in an inattentive manner.
Jury Verdict
The case, proceeded to trial at the Superior Court in the Judicial District of Waterbury. The jury returned its verdict on November 14, 2025. The jury found in favor of the Plaintiff, Husein Dunica, and against the Defendants, James Mixie/Connecticut Carriers, Inc. In assessing liability, the jury determined that the Defendant, James Mixie, held 100% of the liability, and the Plaintiff, Husein Dunica, held 0% of the liability, making the total percentage of liability 100%. The jury then awarded the following damages: $180,000 in total economic damages and $85,000 in total noneconomic damages, resulting in total damages of $265,000. Because the Plaintiff bore no percentage of the liability, the final award remained the same as the total damages. The final award to Plaintiff Husein Dunica was $265,000. The verdict was ordered and accepted on November 18, 2025.