New London Attorney Clinches Full Policy Settlement for Man Injured in Colchester Crash
Attorney Dale Faulkner represented Norwich resident Edward Johnson, who suffered head and neck injuries when a car drove into his tractor-trailer in 2017. The case settled for $250,000.
July 24, 2019 at 02:41 PM
3 minute read
A 63-year-old Norwich man who suffered head and neck injuries after a vehicle struck his tractor-trailer has settled his lawsuit for $250,000.
According to Dale Faulkner, the New London-based attorney for Edward Johnson, his client's injuries were so severe that Johnson had to quit his job as a truck driver for Norwich-based Wernicki Trucking.
Faulkner, senior attorney with Faulkner & Graves, told the Connecticut Law Tribune Wednesday that Johnson was traveling west on Route 2 in Colchester in July 2017 when a 1999 Ford Ranger that Brendan Callis was driving sped onto Route 2 from the access road. The Ford Ranger, Faulkner said, barreled into the right passenger side of Johnson's tractor-trailer.
Police cited Callis with a verbal warning for driving with unsafe tires and issued him a misdemeanor for reckless driving. An amended lawsuit was filed April 2 in New London Superior Court.
Johnson received the $250,000 settlement on July 18. It was paid by Liberty Mutual Insurance. Because of his settlement, Johnson agreed on July 17 to close his workers' compensation claim and to not seek further payments. He had received about $106,000 in workers' compensation benefits, according to Faulkner,
Faulkner said Johnson, who was wearing a seat belt at the time of the accident, sustained injuries to several parts of his body, most notably his head and neck.
“His head injury … continues to linger,” Faulkner said. “He has headaches with regularity, problems with concentration, and sometimes, episodes of depression.”
Johnson also sees a psychologist and takes Aleve and other headache medications, his attorney said.
Faulkner said Johnson also has had multiple rounds of physical therapy and cortisone injections, which have greatly relieved his neck pain.
Johnson, who Faulkner said might do part-time work down the road, “was delighted with the settlement. He is happy because there is some finality to it. There is a smile on his face.”
The defense, Faulkner said, originally offered $119,000. Faulkner said he never wavered and was adamant that his client receive the full policy benefit, $250,000.
Representing the defense is Jeslyn Cole of Wallingford-based Meehan, Roberts, Turret & Rosenbaum. Cole did not respond to a request for comment Wednesday.
But in court papers, the defense took exception to the claims Callis operated his vehicle in a “reckless and dangerous manner.”
“The reckless acts that the plaintiff alleges against the defendant are driving too fast for conditions, driving on tires with insufficient tread, and striking another vehicle while merging into traffic,” the court papers read. “These are hardly the types of actions which would imply an extreme departure from ordinary care, beyond negligence or even gross negligence. There is nothing in the complaint that suggests evil motive or malicious injury.”
Assisting Faulkner was Norwich solo practitioner Martin Rutchik.
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