Attorneys for a 57-year-old Branford man injured when a motorist struck him as he was walking home from church in March 2018 have secured a $175,000 settlement.

Plaintiffs attorney Robert Gould said his biggest obstacle was that his client, who is mentally disabled, was not capable of describing what happened to him.

Client John O'Hara sustained injuries to his pelvis and shinbone that required surgery.

"Because of his mental disability, Mr. O'Hara was not able to give any kind of statement. He can speak, but he does not have the ability to have a meaningful conversation," said Gould, owner of New Haven-based Gould Injury Law. "The only story we got was from the driver, who told police that a man was walking across Main Street when she struck him."

But despite being unable to ascertain information from O'Hara, Gould built a case that was strong enough to convince the defense to reach a six-figure settlement.

"There are always issues, like what was the rate of speed, and how far back was the driver?" Gould said. "We tried to create doubt with the insurance adjuster that their driver could hold up on questions about whether she was being careful in operating her motor vehicle in a heavily trafficked downtown. We know she was driving fast enough that Mr. O'Hara hit the hood of the car and rolled off the driver's side."

Assisting Gould was his colleague, senior litigation attorney Jason Prueher.

O'Hara filed his lawsuit in New Haven Superior Court in May 2019.

Joanne Morissey, the driver of a 2008 Chevrolet Malibu, was issued an infraction for driving an unregistered motor vehicle.

The settlement was made soon before depositions were given, Gould said.

"We had internally thought about retaining an accident reconstructionist," the plaintiff's lawyer said. "We would have done that based on Ms. Morissey's answers at deposition, but we never got that far."

Anne Johnson, O'Hara's mother, will manage the settlement money.

Gould said he believes the settlement was fair to his client.

"The injuries were very severe, and he struggles enough in life," the attorney said Tuesday. "With these injuries, he has struggled a lot more, and it's not easy for him or his family. Since the accident, he has had more trouble walking."

Representing Morissey is attorney Kurt Young Jr. with the Bridgeport offices of Ryan Ryan Deluca. Young declined to comment, but in court filings the defense put the blame for the incident on O'Hara.

Its pleadings argued O'Hara was "inattentive to traffic" and "improperly attempted to cross the street while not at an intersection or cross walk." The defense also maintained O'Hara's alleged negligence was "greater than any alleged negligence on the part of the defendant."

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