Arbitrators Award $760,364 to Norwalk Man Injured in Car Crash
Three arbitrators have awarded plaintiff Ivan Zapata $760,364.
November 14, 2019 at 11:23 AM
3 minute read
Arbitrators have awarded $760,364 to a 53-year-old Norwalk man who suffered lower back and spine injuries after another motorist T-boned the car he was driving on Saugatuck Avenue in Westport in 2015.
Agustin Sevillano, the attorney representing plaintiff Ivan Zapata, said his biggest obstacle was making his case to the arbitrators that his client was in pain, and suffered injuries from the accident, even though he didn't have surgery right after the crash.
"I had an insurance company that was having a tough time buying the surgery given that it did not take place soon after the motor vehicle accident," said Sevillano, a partner at Bridgeport-based Cooper Sevillano. "This was overcome by a thorough review of the medical records. It showed that my client had consistent complaints throughout his treatment and the MRI findings were consistent with his complaints."
A lawsuit was filed in March 2017 in Bridgeport Superior Court, but both sides worked with three arbitrators to come to an agreement before the case went to trial.
The plaintiff's side, Sevillano said, originally sought $1.3 million, while the defense's original offer was $250,000. The arbitrators agreed to a figure in the middle, at $760,364. The money will be disbursed within the week, Sevillano said.
Representing defendant driver Steven Phillips was Ida Pullo, an attorney with the Law Offices of Mark S. Gilcreast in Hamden. Pullo did not respond to a request for comment Thursday.
Sevillano said he believes the arbitrators awarded the money because "the evidence was clear that not only was my client injured, but he underwent surgery due to such injuries, and symptoms remain to the present day due to those injuries."
Sevillano said Zapata, who was wearing a seat belt at the time of the crash, had surgery to his lower back. According to the lawsuit, Zapata also had injuries to his spine, post-traumatic headaches, post-surgical scarring and suffered from depression related to the accident.
Today, more than four years after the accident, Sevillano said Zapata "continues to experience daily low back pain, which occasionally causes leg pain and discomfort. Every single activity which involves my client's low back is now limited and that includes sitting for too long, standing for too long, lifting objects, sleeping, and many household activities have been affected."
Zapata, who incurred about $250,000 in medical expenses, was given a 23% permanent partial impairment as a result of his low back injuries, Sevillano said.
The defense, in court papers, argued Zapata was to blame for the car accident due to his own negligence and carelessness. The pleadings claim Zapata "was inattentive to his surroundings," and failed to keep a proper and reasonable lookout for other motor vehicles.
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