Case Background

On a quiet summer night in Wolcott, Connecticut, a collision on Long Swamp Road brought two drivers into a long courtroom battle. Judith Bellemare, the Plaintiff, filed a personal injury lawsuit after an auto accident involving a vehicle driven by Michael Whitney and owned by his father, Timothy Whitney. The case landed in the Superior Court for the Judicial District of Waterbury. Bellemare alleged that Michael Whitney’s negligent and reckless driving caused serious injuries. The case went before a jury in 2024 and centered on four counts: negligence, common law recklessness, statutory recklessness, and damages.

What Went Wrong?

The crash occurred on July 8, 2019, when Judith Bellemare had been driving east on Long Swamp Road. At the same time, Michael Whitney had been driving west in a car owned by his father. At some point along the road, the two vehicles collided. Bellemare’s legal team claimed Whitney failed to keep a proper lookout and drove at a speed too fast for the conditions. They argued that his distracted driving and lack of control over the vehicle led to the crash.

Injuries Suffered

Bellemare said the impact left her with multiple injuries. Medical evaluations revealed trauma to her head, neck, back, arms, and both knees. She also complained of lasting physical pain, emotional distress, and limited movement. Her legal team emphasised that these injuries affected her daily life and could become permanent or progressively worse. The accident, she claimed, reduced her quality of life and caused ongoing discomfort.

Damages Sought

Bellemare sought both economic and non-economic damages. She asked the court to consider her past and future medical expenses, emotional pain, reduced ability to work, and loss of enjoyment in life. She also sought punitive damages under the recklessness counts. While the complaint asked for an amount exceeding $15,000, it emphasised the long-term nature of her condition and the significant disruption to her life.

Key Arguments and Proceedings

The trial played out as a classic motor vehicle collision case, but with sharp disputes over fault and driving behaviour. Bellemare’s attorneys alleged that Michael Whitney had driven recklessly and distractedly. They argued that he ignored road safety, failed to brake in time, and didn’t steer away to avoid a crash. The Plaintiff presented several versions of statutory violations to highlight repeated reckless conduct.

In response, the Defendants denied nearly all allegations. They challenged the facts and offered a different story: that Bellemare’s own driving caused the crash. They claimed she had moved her car unpredictably, possibly reversed into their path, and violated multiple state traffic laws. The defense said her own negligence barred or reduced her right to recover damages.

Legal Representation

Plaintiff(s): Judith Bellemare

·       Counsel for Plaintiff(s): Antonio A. Nunes

Defendant(s): Michael Whitney | Timothy Whitney

·       Counsel for Defendant(s): Maury M. Garrett, Jr

Key Arguments by Counsel

Bellemare’s counsel painted a picture of careless, dangerous driving. They accused Michael Whitney of speeding, failing to react in time, and possibly using a cellphone or being distracted. They claimed his behaviour rose above ordinary negligence and showed conscious disregard for others’ safety.

On the other hand, defense attorney Garrett argued that Bellemare’s own actions were to blame. They said she reversed unsafely into traffic, failed to yield, and did not signal. They also alleged she violated several traffic laws under Connecticut statutes. These defenses aimed to shift or share fault, reducing or eliminating the Defendants’ financial responsibility.

Claims Asserted

Negligence against Michael Whitney and Timothy Whitney:

Bellemare alleged that Michael Whitney drove carelessly and caused the crash. She also held Timothy Whitney liable as the vehicle’s owner, under Connecticut’s family car doctrine and agency theory.

Common Law Recklessness against Michael Whitney:

Bellemare claimed Whitney acted recklessly and knowingly put others at risk by driving too fast and ignoring obvious traffic dangers.

Statutory Recklessness under C.G.S. §14-295:

This count argued that Whitney violated specific traffic laws, including speeding, following too closely, and driving while distracted. She sought double or treble damages for these violations.

Defense Arguments

The defense did not deny there was a collision, but disagreed on who caused it. They claimed Bellemare was inattentive and reversed her car unsafely. They argued she failed to yield and violated multiple traffic statutes herself. The defense also contended that if any damages existed, they should be reduced based on her own contributory negligence and prior medical payments. They requested setoffs for any insurance or compensation Bellemare may have received.

Jury Verdict

After hearing all the evidence, the jury decided in favour of the Defendants, Timothy Whitney and Michael Whitney, on all counts. They rejected the Plaintiff’s negligence claims and found no basis for recklessness, either under common law or statutory violations. The jury awarded no damages.

This verdict closed the door on Bellemare’s claims for monetary compensation, punitive damages, or enhanced damages under state statutes. It also marked a victory for the defense, who had argued from the start that the Plaintiff’s own driving choices caused the crash.

Court Documents

Complaint

Jury Verdict