Norma Schneider sustained a permanent injury to her neck after this Toyota Camry she was driving was rear-ended. A jury recently awarded Schneider $96,183. Courtesy photo

A six-person New Britain jury has awarded $96,183 to a 70-year-old woman who sustained permanent neck injuries after her vehicle was rear-ended in Berlin in 2017.

The jury rendered its verdict in favor of Windsor resident Norma Schneider after deliberating for about two hours on Oct. 23.

The case hinged on fighting back defense claims that Schneider must have been better because she stopped physical therapy soon after the crash.

But plaintiff attorney Mark Kochanowicz was able to provide the jury with a compelling reason for Schneider stopping treatment: she lost her job.

"It really resonated with the jury that when you lose your job you can't afford co-pays," said Kochanowicz, an associate with the Waterbury offices of Trantolo & Trantolo. "She just could not afford the treatment. The defense hung their hat on that, saying that if you are hurt bad enough, you'd still seek treatment. She just could not afford it though."

Schneider was out of work and unable to seek medical treatment for about six weeks after defendant Amy Pedemonti's Grand Caravan rear-ended her, Kochanowicz said. But she resumed treatment, including physical therapy and pain management, after she obtained a job as a personal care assistant for the elderly. Her pain management doctor gave Schneider several injections into her neck.

The plaintiff's side called two witnesses: Schneider and her husband Roland. The defense called none.

In addition to the Schneiders testifying before the jury, Kochanowicz said he also submitted medical records from his client's pain management and orthopedic doctors.

"The biggest thing the records showed was that her neck injury was permanent," Kochanowicz said.

Pedemonti died before the trial, but Kochanowicz said her death was not connected to the accident.

Initially Pedemonti denied fault. In court papers, the defense argued the plaintiff was responsible for the accident because of negligence and carelessness. The pleadings stated Schneider "operated her vehicle in such a way that she came to a sudden stop, without regard for other vehicles lawfully using the roadway."

But Kochanowicz said Pedemonti's attorney, Raymond Epps of the Hartford-based Law Office of Mark Gilcreast, admitted to her liability before trial.

"It was a pretty straightforward trial," Epps said.

Kochanowicz said the defense's last offer before trial was for $16,000.

Related stories:

Litchfield County Attorneys Secure $250,000 for Client Injured in Car Crash

Cheshire Lawyer Clinches $100K for Pedestrian Sent Airborne After Crosswalk Collision