Connecticut's Superior Court Upholds Plaintiff's Rights, Awards $577,890.54 in Faulkner v. LM General Insurance Co.

FAULKNER, BETHANY v. PHAN, JULIE Et Al

• Court: Connecticut State, Hartford Division, Superior Court
• Case Number: HHD-CV20-6126933-S
• Filed: April 13th, 2020
• Judges: Charles Reed | Claudia Baio| David Sheridan | Jane Scholl | Mark Taylor | Susan Cobb
• Case Type: V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s)
• Cause: Negligence

Parties Involved

• Plaintiff(s): Bethany Faulkner
  • Counsel for Plaintiff: The Flood Law firm Agency
  • Expert witness for Plaintiff(s): Arpad S. Fejos| Aetna Ambulance Service Personnel | Hartford Hospital Personnel | Jefferson Radiology Personnel | Middlesex Hospital Family Practice Personnel | My-Eye Personnel | Ivy Rehab Physical Therapy | Investigating Officer Michael Forrest
• Defendant(s): LM General Insurance Company
  • Counsel for Defendants: Meehan Di Palma Roberts & Turret Law off
  • Expert witness for Defendant(s): Scott Bissell |Stephen R. Conway

Verdict Information

• Verdict Date: March 7, 2024
• Damages awarded to Plaintiff: $577,890.54
  • Economic damages: $227,890.54
  • Non-economic damages: $350,000.00

About the Case

Cause

On September 27, 2019, around 12:07 a.m., Bethany Faulkner, exercising her plaintiff's rights, was a passenger in a motor vehicle operated by Julie Phan, traveling west on Nott Street in Wethersfield, Connecticut. Without warning, Phan's vehicle crossed the double yellow lines into the eastbound lane, left the roadway, and traveled through the lawns of three houses, colliding with a shrub and tree stump before flipping over. The complaint alleges that Phan's negligence, including failure to maintain proper lookout, control, and adherence to traffic laws, caused the collision. It further alleges that Phan's actions constituted reckless, willful, and wanton misconduct, violating Connecticut statutes related to reckless driving, speeding, and failure to operate on the right side of the roadway. Faulkner's plaintiff's right to seek damages for her injuries was upheld in the court's ruling. Additionally, the complaint asserts vicarious liability against Thanh C. Phan, alleging that he owned the vehicle operated by Julie Phan with his permission and that Julie Phan was acting as Thanh C. Phan's agent, servant, or employee at the time of the incident.

Injury

This incident caused Faulkner to suffer severe injuries, including a frontal subgaleal hematoma, concussion with loss of consciousness, headaches, post-concussive symptoms, neck pain, shoulder issues, arm and hand numbness, contusions, foot numbness, and mental and physical pain and suffering.

Damages

The complaint seeks compensation for Faulkner's injuries, medical expenses, lost wages, and diminished quality of life, as well as compensatory damages and enhanced damages in the form of punitive/exemplary damages for the recklessness claim, and double or treble damages as prescribed by the reckless driving statute for the statutory recklessness claim, in upholding Faulkner's plaintiff's rights to adequate compensation.

Jury Verdict

The jury ruled in favor of the plaintiff, Bethany Faulkner, against LM General Insurance Company, awarding damages totaling $577,890.54. This comprises economic damages of $227,890.54 and noneconomic damages of $350,000.00. Court Documents: Available upon Request