Sides representing both plaintiff and defense recently agreed to settle on paying $18.6M to Jorge Amparo, whose Mitsubishi Montero was rear-ended by a tractor-trailer in Westport in 2014. Courtesy photo

Connecticut plaintiff and defense attorneys have agreed on a total award of $18,653,570 for a Pennsylvania man who suffered back and neck injuries after a tractor-trailer rear-ended his car in Westport in 2014.

A Stamford Superior Court jury in May awarded Jorge Amparo $14.2 million and his wife, Diva, about $800,000 for loss and future loss of consortium for a total award of $15 million. Both sides then filed postverdict motions. The defense was looking to set aside the verdict and reduce the amount, while the plaintiff's side was seeking interest on the jury award.

But plaintiff counsel Brenden Leydon, a partner with Stamford-based Wocl Leydon, told the Connecticut Law Tribune Friday he believed the defense agreed on the $18.65 million in damages because of possible misconduct on the part of Evans Delivery Co., the trucking company that employed defendant driver Jose Ayala. The defense settled before a ruling on their postverdict motions were made.

"I believed they settled because there were no significant issues we had to worry about on appeal," Leydon said. "We also had a motion pending for sanctions for discovery for misconduct during the case that had adverse risk for the defense."

Leydon continued: "There were documents related to the trucking company's cellphone policy that were not described accurately. The company's own policy barred the use of a cellphone, even hands-free, by its driver. They gave misleading information during the discovery process."

Phone records, Leydon said, showed Ayala was using his phone via Bluetooth at the time of the accident.

The $18.65 million that was disbursed earlier this month to Amparo includes the $15 million jury verdict plus $3.65 million in interest and taxable costs.

"The bulk of the $3.65 million is interest," Leydon said. "About $18,000 is taxable costs, which include filing fees and doctor's testifying."

Eight percent interest per year beginning in August 2016 when the complaint was filed was tacked on to the jury award, which brought the total award to $18.65 million.

Representing Ayala is defense counsel Gary Kaisen of Branford-based Milano & Wanat. Kaisen did not respond to a request for comment Friday.

Amparo, who had to be extricated from his vehicle following the crash in which his car was pushed into a third vehicle, had back surgery but it was not successful, his attorney said.

"The back surgery did not really work," Leydon said. "He can walk with a walker, a few steps and maybe a block on a good day. But his movement is very limited."

In addition, Leydon said, Amparo "has postconcussion syndrome to his head, chronic headaches and his ability to read for any sustained period of time was compromised."

Ayala received an infraction for driving unreasonably fast for that day's road conditions.

At the time of the crash, Amparo, now 51, was working at a Bridgeport-based water treatment plant. He has not been able to work since the accident, Leydon said.

Amparo "is happy with the settlement but, if he could have gone back in time and not have had this happened, his would have taken it," Leydon said.

In court documents, the defendants denied Ayala was driving too fast for the conditions and that he lost control of the vehicle. They also denied Ayala was negligent in any way.

Assisting Leydon was his colleague, Nicholas Wocl.

Read more:

Stamford Jury Awards $14.2 Million for Injuries in Tractor-Trailer Wreck