John Gilson suffered injuries after defendant Jean McKeon rear-ended his 2000 Honda Accord S in 2016. Gilson recently settled the case for $250,000. Courtesy photo.

Attorneys for a 63-year-old Canton man who reaggravated his lumbar and cervical spine following a May 2016 rear-end collision have secured a $250,000 settlement.

Plaintiff attorneys J. Paul Vance Jr. and John Logan, both of Torrington, Connecticut-based Logan & Mencuccini,  settled the case Friday following four months of mediation with opposing counsel, according to Vance. Jury selection was scheduled for this Friday, Vance said.

According to Vance and the Oct. 4 amended complaint, plaintiff John Gilson was driving his 2000 Honda Accord S and heading to a meeting for his job at the Simsbury Board of Education when his vehicle was rear-ended. Jean McKeon, according to the complaint, "suddenly and without warning" hit Gilson's vehicle as he planned to turn into the driveway of the Board of Education building. McKeon was issued an infraction for following too closely.

Vance told the Connecticut Law Tribune Wednesday the crash's impact was so severe that "the brackets on my client's seat were broken off the hinges."

The impact for Gilson, who was a custodian for the school district, further aggravated, among other things, his spinal stenosis, which is the narrowing of the spinal canal, Vance said,

In addition, Vance said, both of Gilson's feet were radiating from the pain in his back.

The defense's attorney, Stephen Sobin of Brown Paindiris & Scott, argued Gilson's injuries weren't related to the car accident, Vance said.

"He had some preexisting lumbar spine issues and this collision really lit up those prior issues," Vance said. "The defense argued that it was not related to the accident. We were prepared to have neurosurgeon John Strugar testify on my client's behalf that the force of the collision required Gilson to seek injection therapy and that he'll likely need a future fusion surgery."

Sobin told the Connecticut Law Tribune that the defense settled because "it was a significant hit based on the property damage photographs and the photos would not have played well in front of a jury. There was also potential exposure for a quite invasive surgery to the lumbar spine based on the plaintiff's expert review."

Vance said both sides agreed on many issues, but—in addition to disagreements on whether the injuries were preexisting—there were also strong difference on what Gilson's permanent partial disability rating should be.

"The defense was going to have Hartford orthopedic Dr. Pietro Memmo testify that the medical treatment to date was reasonable and necessary, but that he did not believe Gilson would need future surgery," Vance said. "He also thought the permanent partial disability prescribed by Dr. Strugar of 25%t was too high."

Vance said his initial offer of compromise was $450,000 and the defense's first offer was of $90,000. In the end and with the help of Superior Court Judge John Moore, both sides settled on $250,000, Vance said.

"I think the settlement is fair for what happened to my client," Vance said. "One of the damage claims was that he was forced to retire before he was ready." Vance said Gilson worked for about one year following the accident but retired "because the pain was just too much."

Today, Vance said, Gilson undergoes injection therapy for his spine every three to six months "and that provides him with some relief. The injections keep the pain at bay."

In addition to questioning whether the injuries to Gilson were preexisting, the defense, in court papers, also put the blame for the accident on Gilson. The defense argued that Gilson's "negligence and carelessness" caused the accident in that he "suddenly and without warning brought his vehicle to a stop on the roadway; and/or in that he operated the vehicle with defective brake lights."

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