Waterbury Couple Injured in Head-on DWI Case Settle for $485K
The couple both needed surgery and missed work following the crash.
December 15, 2017 at 12:11 PM
3 minute read
Attorneys for a Waterbury couple struck head-on by an allegedly drunken driver have settled with the man's insurance provider, The Hartford, for $485,000.
Michael and Debra Lomando were returning home from having pizza in February when their 2005 Chevrolet TrailBlazer was struck by a 2000 Chevrolet S-10 pickup driven by 57-year-old Rickie Wyott, according to Thomas Pettinicchi, the Lomandos' attorney. Wyott was traveling southbound on Wolcott Street in Waterbury when he crossed the centerline.
A lawsuit was filed in Waterbury Superior Court in May.
According to the police report, Wyott's blood alcohol level was 0.35 percent, more than four times the legal limit of 0.08 percent.
The settlement was reached Nov. 14 following six months of negotiations, said Pettinicchi, a partner with D'Amico & Pettinicchi in Watertown. The money will be disbursed next week.
Michael Lomando suffered fractured ribs, fractures to both arms, a dislocated right hip, a fractured right knee and contusions, Pettinicchi said. He needed hip surgery after the accident, and medical expenses totaled $195,000.
Debra Lomando suffered a shattered thigh bone, shoulder and hip pain, and a contusion to her right ring finger, Pettinicchi said. She needed two surgeries for her thigh bone, and her medical bills totaled $132,500.
Wyott testified during deposition that he was not drinking at a bar prior to the accident, Pettinicchi said. “He indicated he came from his house, but he was claiming amnesia when asked about how many drinks he had,” Pettinicchi said.
The settlement will be paid by Wyott's insurer, The Hartford, which had a $500,000 policy limit. Pettinicchi said his clients could have went after Wyott for more money, but he has no assets.
Wyott was charged with felony second-degree assault with a motor vehicle, failure to drive in the proper lane and illegal operation of a motor vehicle while under the influence of alcohol or drugs. Wyott pleaded not guilty and was released on bond. His next court date is Jan. 19.
Attorney Arthur Hudon, of the Law Offices of David J. Mathis in Hartford, represented The Hartford. Hudon did not respond to a request for comment Friday.
Pettinicchi said his clients missed around three months of work because of the accident.
Michael Lomando, 51, works as a toolmaker for Gem Manufacturing in Waterbury. His 52-year-old wife works part time as a customer service representative for the Republican-American newspaper in Waterbury.
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