New London Superior Court. Courtesy photo

New London attorney John Nazzaro has secured a $500,000 settlement for a 36-year-old laborer who suffered a traumatic brain injury after a drunken driver's BMW rear-ended the small pickup truck he was driving.

According to a February 2018 lawsuit, Nazzaro's client, Jorge Rosa, was injured when another motorist crashed into him in 2016. The other driver, Stephen Pescatello, was in a car belonging to his employer BMW of New London.

Nazzaro said the impact was so severe that both vehicles were totaled, and Rosa's head struck the back window, shattering the glass. There was also extensive damage to the car's bed and cabin, said Nazzaro, of New London-based The Reardon Law Firm.

Nazzaro said Rosa was wearing a seatbelt, but the impact knocked him unconscious, leaving emergency responders to rush him to a local hospital.

In addition to a traumatic brain injury, Rosa also suffered injuries to his neck, head, chest and back, according to the lawsuit. And, the lawsuit says, he suffers from dizziness, headaches, sleep disturbances, memory loss, anxiety and depression.

Pescatello's blood alcohol level at the time of the accident, Nazzaro said, was 2.45. Connecticut's legal limit is 0.08. The court ordered him into a diversionary program.

Representing Pescatello was Rocky Hill-based solo practitioner James Shields, who did not respond to a request for comment Thursday.

In court papers, the defense argued that Rosa was now working full-time and, although he had experienced a traumatic event, attorneys argued he'd made a good recovery.

Nazzaro said he countered the defense's claim of a good recovery, showing his client still suffered long-term injuries.

Nazzaro said, "His slow and deliberative manner suggests strongly to me that he still has cognitive challenges."

Settlement negotiations, Nazzaro said, took several months.

"We went back and forth with the defense," said Nazzaro, who noted that one strong witness for the plaintiff in deposition was Rhode Island-based neuropsychologist Dr. Frank Sparadeo. Nazzaro said the defense did not counter with an expert in brain injuries.

Nazzaro said his client's medical bills totaled $39,609, and he said Rosa was out of work for 2 1/2 months.

"He is working full-time today," the attorney said Thursday. "He is still adjusting to certain cognitive impairments, such as short-term memory loss, and analytic and critical thinking. Each day he is making strides and improvements."

Nazzaro said his client "was humbled and appreciative with the settlement."

The settlement was paid via Pescatello's insurance carrier, Zurich American Insurance Co.

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