Stamford Jury Awards $14.2 Million For Injuries in Tractor-Trailer Wreck
A jury returned the eight-figure award for Diva Amparo and her husband Jorge, who was injured in a crash with Jose Ayala, driver of a tractor-trailer belonging to Evans Delivery Co. Defense attorneys said they are assessing post-verdict options.
May 23, 2019 at 06:31 PM
4 minute read
A Stamford Superior Court jury has awarded $14.2 million to a Pennsylvania man who suffered back and neck injuries after a tractor trailer rear-ended his car on Interstate 95 in Westport in 2014.
The exceptional sum, awarded to 50-year-old Jorge Amparo, is one of the largest vehicular decisions in state history, according to plaintiff counsel Brenden Leydon, a partner with Stamford-based Wocl Leydon.
In addition to awarding Amparo $11.7 million for noneconomic damages and $2.5 million for economic damages, the six-person jury also returned $727,562 for the plaintiff's wife, Diva, for loss and future loss of consortium.
Defendants were Jose Ayala, who drove of the tractor trailer, and his employer Evans Delivery Co., as well as Daniel E. Matos and D. Matos Transport, Inc. They'd made no decision on a potential appeal by press time.
“We are presently assessing post-verdict motions,” defense counsel Gary Kaisen of Branford-based Milano & Wanat said, declining further comment.
The jury rendered its verdict after five and a half days of deliberations in a trial that lasted three weeks and involved testimony from 13 experts—eight for the plaintiff and five for the defense. Both Amparo, who was alone in the car at the time of the crash, and Ayala, who had been in a company truck, testified.
Plaintiff's counsel Leydon said Ayala rear-ended Amparo's car, which was pushed into a third vehicle. Both the tractor trailer and Amparo's Mitsubishi Montero were totaled. Leydon said his client required extrication from the back of his vehicle.
The 50-year-old Amparo, who was wearing a seat belt, sustained numerous injuries, including to his back and neck, his attorney said.
“He could have been paralyzed,” Leydon said.
The parties had a dispute as to whether Amparo had suffered post-concussion syndrome.
“That part of the case was highly contested,” Leydon said. “The defense claimed it was not really post-concussion syndrome because the hospital did not directly diagnose him with that. But our response was the hospital records shows he had dizziness and loss of memory, which is indicative of the syndrome.”
An accident reconstructionist testified Ayala ”should have been going 35 miles per hour in the rainy conditions” and should have left more space between vehicles. The defendant admitted to traveling faster, at 45-50 miles per hour.
In addition, Leydon said, it appeared Ayala was using his cell phone via bluetooth at the time of the accident.
“Phone records show a seven-minute call that Ayala had with his wife at the time of the accident,” Leydon said. “He claimed he hung up long before the accident happened, but that is not what the phone records showed.” It is not illegal in Connecticut to talk via Bluetooth while driving.
Ayala did receive an infraction for driving unreasonably fast for that day's road conditions.
At the time of crash, Amparo was working at a Bridgeport-based water treatment plant.
“Everyone who testified said my client was a fantastic guy. The reason he was commuting 300 miles a day was so his daughter would not have to leave high school in Pennsylvania in her senior year,” Leydon said.
Today, Amparo walks with the aid of a walker. He is also unable to sit for extended periods due to his injuries, Leydon said.
In court documents, the defendants denied Ayala was driving too fast for conditions and that he lost control of the vehicle. They also denied that Ayala was negligent in any way.
If the verdict stands, the trucking company's insurer, American International Group, would likely pay the millions awarded to Amparo and his wife.
Assisting Leydon on the plaintiffs' side was attorney Nicholas Wocl, while co-counsel for the defense was Claire McNamara.
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