A Waterbury Superior Court jury has awarded $146,001 to a 33-year-old woman who suffered permanent neck injuries after the vehicle she was driving in was struck by another vehicle in a 7/11 convenience store parking lot.

Ana Maria Capeles and her 16-year-old son Orland were injured in Waterbury in February 2015 after a car driven by Roland Ouellette “suddenly and without warning reversed and collided” with Capeles' vehicle, as Ouellette attempted to leave a parking spot, according to a lawsuit filed in January 2017.

The collision, according to Capeles' attorney, Erica Pilicy-Ryan, caused serious injuries to Capeles' neck and lower back. Her son, who was sitting in the back seat, had back pain that has since resolved, according to Pilicy-Ryan, an associate with The Flood Law Firm in Middletown.

“Mr. Ouellette was not paying attention to where he was going,” Pilicy-Ryan said. “He asked my client to not call police so he could go to work. They did exchange information.” Since the police were never called, Ouellette was not cited for the accident, Pilicy-Ryan said.

Capeles, a Waterbury resident, drove herself to the hospital after the accident, and tests showed she had soft-tissue injuries to her neck and lower back, Pilicy-Ryan said.

“The neck had radiating pain going down her left arm, and the lower back had a strained sprain that had radiated down her legs,” the attorney said. “That pain has since subsided.”

The neck pain, though, Pilicy-Ryan said, is permanent. Experts who spoke during the three-day trial agreed that Capeles had permanent neck pain, but differed on how severe it is. “Our expert said there was a 14 percent permanent partial impairment rating, while their expert said it was 6 percent,” Pilicy-Ryan said.

The six-person jury heard from Capeles during the trial, which concluded Aug. 3 with a jury award of $138,155 for noneconomic damages and $7,846 for medical expenses for a total award of $146,001. The jury deliberated for about an hour.

“My client was terrified to go to trial,” Pilicy-Ryan told the Connecticut Law Tribune. “She was very nervous on the stand. Maybe it was because she could only speak Spanish and there was a language barrier. She did have interpreters through the whole trial.”

Erica Pilicy-Ryan, Flood Law Firm, Middletown. Courtesy photo

Pilicy-Ryan continued: “Her nervousness was something I had to address in my closing arguments. That was my time to speak on her behalf. I told the jury how upset she was by this whole experience and how much pain she was in. She had a lot of pain and it's everyday.”

Also speaking during trial was Dr. Jennifer Gonzales-Colon, the treating chiropractor. “She testified that her injuries were caused by the accident. She was very credible and believable,” Pilicy-Ryan said.

Capeles' injuries did not require surgery. An MRI showed disc bulges and Capeles was offered injections, but declined them, her attorney said. Pilicy-Ryan said Capeles will continue her chiropractic care.

The defense, headed by Matthew DeAngelis of Meehan, Roberts, Turret & Rosenbaum in Glastonbury, filed a motion to set aside the jury verdict and have a new trial on Aug. 10.

In court papers, the defense maintained the “court [Judge Andrew Roraback] erred in admitting evidence of liability insurance. Evidence that a defendant carries liability insurance is inadmissible on the issue of the defendant's negligence.” DeAngelis did not respond to a request for comment Tuesday.

Before trial, plaintiff's side was willing to settle the case for $35,000, but the defense would not go higher than $14,000, Pilicy-Ryan said.

No award will be disbursed until the legal proceedings run their course.