Jillian Sprague suffered brain damage after the bicycle she was riding in New Britain in 2017 went over an uneven portion of the roadway, causing her to fly off the bike. She recently settled her lawsuit for $900,000. Courtesy photo

Faced with an eyewitness who was positive his client was using a cellphone at the time of her bicycle crash, plaintiff counsel James Harrington knew he needed technology to refute that testimony.

The task for Harrington, a partner at Waterford-based Polito & Associates, was an arduous one: hire a forensic information technology expert and prove the eyewitness wrong.

The strategy proved effective, and allowed Harrington to secure a $900,000 settlement for his client.

Harrington's client had been riding when she struck an uneven portion of roadway, which caused her to fly off the bike. Plaintiff Jillian Sprague, who suffered a traumatic brain injury, didn't remember much about what had happened. But her attorney said she did remember she had left her cellphone in her car to charge while she'd biked in New Britain.

"We did an entire forensic review of her cellphone," Harrington said. "The expert was able to examine that cellphone and, using the cellphone towers, was able to show that the phone was where she said it was—at the time she said it was."

The takeaway: "You can never just rely on eyewitness testimony, because it can be wrong," Harrington said. "You must do diligent work and determine what actually transpired."

What happened, according to Harrington and an amended June 2019 lawsuit, was this: Defendant WSM Construction Inc., a private contractor, was installing and replacing gas pipes in the New Britain neighborhood. As part of the job, Harrington said, the company had dug portions of the road, leaving an uneven patch where Sprague would later crash.

"She fell violently on her head, and her doctors were telling her parents they did not know if she'd make it," Harrington said.

Defense counsel Thomas Noniewicz, of Hartford-based Law Offices of Cynthia M. Garraty, declined to comment for this report. But court pleadings pinned the blame on Sprague, arguing that she'd been negligent, and had "operated her bicycle in an inattentive manner."

Sprague suffered multiple brain hemorrhages requiring several surgeries to her skull. She was hospitalized for more than a month, and was on a respirator and feeding tube for several days, her attorney said. She also suffered lasting injuries, including hearing loss and neurological damage.

"Her recovery was pretty profound," Harrington said. "She is now back at work in an auto dealership, and living independently."

WSM was fined a minimal amount for digging up the road without a city permit, Harrington said. It will pay the $900,000 settlement via its insurance carrier, The Travelers Companies Inc., within 30 days.

Co-defendant Connecticut Natural Gas Corp. will pay nothing toward the settlement. Harrington said the suit listed it as a defendant because WSM was working on the gas company's behalf.

Retired Judge Antonio Robaina mediated the case, which settled Tuesday.

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