McCoy Get's $170,000 Verdict In Vernon Rockville Connecticut Court for Client, After $17k Offer by Insurance Carrier
A six-person Rockville Superior Court jury has awarded $170,172 to a Manchester woman who re-aggravated her back after a driver T-boned her Lexus in September 2015. The jury actually added figures to the defense attorney's verdict form, it was just like Attorney Jason L. McCoy requested, giving McCoy's client future medicals and past medicals that were not listed in the defense interrogatory. The jury wrote in extra lines on the defense interrogatory. Attorney's usually claim Rockville juries are award low verdicts on personal injury cases but McCoy said that in his "past experience and in this case that is not true".
The jury heard testimony from three people—all plaintiff witnesses—on how the crash had an adverse effect on 61-year-old Cynthia Sementilli, who still suffers from severe back pain nearly four years after the collision, according to her Vernon-based attorney, Jason McCoy.
While the defense didn’t call any witnesses during the one-and-a-half-day trial, McCoy said they tried to attribute Sementilli’s pain to a previous lumbar fusion and cervical fusion to her neck.
McCoy, the owner of Law Offices of Jason L. McCoy, said he believes testimony from his client and her primary care doctor, Angelee Carta, helped sway the jury and resolve Sementilli’s amended lawsuit against driver Alyssa Sorgio and Safeco Insurance Co. of Illinois.
“My client was honest, straightforward and believable about the problems she had before and after the accident,” McCoy said Tuesday about Sementilli’s four hours of testimony. “I believe the jury felt really connected with my client.”
McCoy believes Carta’s testimony helped seal the deal, and after about seven hours of deliberations, the jury rendered its verdict in Sementilli’s favor.
“The doctor when through my client’s medical records and was able to show this pain was from this accident,” McCoy said. “The doctor told how my client had intractable pain after the accident, which means it was caused by the accident.”
Representing Safeco was James Donohue with Meehan, Roberts, Turret & Rosenbaum in Glastonbury. Donohue did not respond to a request for comment Tuesday, but in court pleadings, Safeco denied any negligence by its client, Sorgio. It also claimed Sementilli’s injuries were preexistent. The reason was that the Plaintiff was having injections to he back two weeks before the accident and was scheduled to have injections after the accident.
Safeco did, however, agree not to appeal the verdict.
She argued she’d suffered neck, back and knee injuries in the crash. Her attorney said the neck and knee pains have since resolved, but others remain, making Sementilli a candidate for back surgery.
“The doctors have told my client that the pain in her back will be permanent,” McCoy said. “She still has pain and cramping and spasms. The more activity she does, the worse her back gets.”
Sementilli, a nurse, was allegedly injured after a vehicle Sorgio was driving allegedly struck her car in Manchester in 2015. Responding officers cited Sorgio for failure to grant the right of way.
McCoy, who said he believes the jury verdict was fair, said the defense had offered $17,000 to settle the case before trial, while the plaintiff had demanded $40,000.