New Haven Superior Court. Photo: GoogleConsolidating Suits From Accident-Prone Plaintiff Pays Off for Cheshire Attorney
Plaintiffs attorney Frank Bartlett secured a $350,000 settlement for a client who was injured in two car crashes.
February 27, 2020 at 05:55 PM
3 minute read
Representing a New Haven man whose pleadings showed he had the misfortune of being in two car crashes in five months, plaintiffs attorney Frank Bartlett had a decision to make: File a consolidated lawsuit or two complaints.
The attorney, owner of Cheshire-based Bartlett Legal Group, made the decision to file one lawsuit on behalf of 29-year-old client Joel Contreras-Arteaga. He figured the move would allow him to bring both defendants to the negotiating table, and strengthen the odds of gaining a favorable result for his client.
"There I was, with the attorney for the driver in the second accident, putting pressure on the attorney for the driver in the first accident," Bartlett said. "You would not have had that dynamic if there was two lawsuits."
In the end, the defendants' insurers made a total payout of $350,000.
"In filing one lawsuit, you look more credible in the eyes of the insurance companies," Bartlett said Thursday. "In this way, they know you are not trying to hide another accident or injuries. At the end of the day, you also feel like you are getting a better result for your client."
The lawsuit was filed in September 2018 in New Haven Superior Court.
Bartlett said his client had a spell of bad luck within a five-month period, and that Contreras-Arteaga had not caused the crashes. In the first instance, there was a collision on Interstate 95, between Contreras-Arteaga's vehicle and one that George Cruz was driving. Police didn't ticket either driver, and said it wasn't clear who was at fault. Bartlett said that crash required his client to undergo back surgery.
The second collision was a rear-ender in March 2017 in North Branford, in which defendant driver Julia Dewitt was cited for following too closely, Bartlett said.
The case was resolved Feb. 10.
NJM Insurance Group, the insurance carrier for Cruz, paid $300,000 toward the settlement. Liberty Mutual Insurance Co., the insurer for Dewitt, paid $50,000.
Cruz's attorney, Don Swift of New Haven-based Lynch, Traub, Keefe & Errante, did not respond to a request for comment Thursday.
Representing Dewitt was Jesalyn Cole with the Law Offices of Meehan, Roberts, Turret & Rosenbaum in Wallingford. Cole did not respond to a request for comment.
Both defendants denied liability, leaving the plaintiff's side to prove its case.
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