'It Just Didn't Look Good': New Haven Lawyer Clinches $400K for Woman Thrown From Bike On to Hood of Jeep
"If a jury could visualize a passenger, without a helmet, flying through the air after being ejected from her motorcycle, we knew a jury would side with us," the attorney said.
June 02, 2020 at 07:11 PM
4 minute read
Trantolo & Trantolo attorney Albert Carocci wasn't budging from his demand for $400,000 for a client injured in a motorcycle accident.
Carocci, who works out of the personal injury firm's New Haven offices, knew he had a good case: He was representing a motorcycle passenger who suffered two fractures in her left leg after a Jeep struck the bike, sending the woman flying through the air.
Carocci said he knew the defendant driver of the Jeep Cherokee was liable for the accident. He demanded $400,000 from the get-go, despite a $250,000 liability policy on the Jeep, because he knew that there was a $1 million excess insurance-coverage policy with National General Insurance.
The attorney pinned his demand on a belief that a jury would return a large verdict if it saw pictures of the crash scene.
"The photos said it all, and the liability was so clear," Carocci said Tuesday. "Our client went flying off the bike and landed on the hood of the Jeep. Optically, if a jury could visualize a passenger, without a helmet, flying through the air after being ejected from her motorcycle, we knew a jury would side with us. It just didn't look good for the insurance company."
In addition, Carocci said, "Not only would a jury rule in our favor, but a mediator or arbitrator, looking at the property damages and description of what happened, would also side with us."
So, Carocci kept his word to 57-year-old Ansonia resident Phyllis Grassi, his client, and would not budge from his demand.
Peter Catanzaro, the adjuster handling the case for the insurance carrier, agreed to the $400,000 with Carocci before the attorney even filed a lawsuit. Catanzaro declined to comment for this story Tuesday.
"He kept it between myself and the insurance company, and agreed to a good settlement," said Carocci.
The case was settled May 4.
According to Carocci, a Jeep that Martha Dubail was driving attempted to take a left turn into a plaza at the intersection of Route 111 and Elm Street in Monroe in October 2019, while the motorcycle was heading straight.
"The defendant driver just did not see the motorcycle," Carocci said.
Dubail was issued an infraction for taking an improper left turn, Carocci said.
Carocci said his client, who under Connecticut law doesn't have to wear a helmet, was thrown from the passenger seat of the motorcycle.
Plaintiff Grassi suffered two fractures to her left leg, for which she underwent surgery, her attorney said. She works three clerical jobs, but missed about a month of work after the crash, Carocci said. She also incurred about $115,000 in medical expenses, her attorney said. She couldn't walk after the crash, but has since regained mobility, Carocci said.
The attorney added, "She was in a lot of pain right after the accident, and was in the hospital for about a week."
Related stories:
Milford Lawyer Overcame Expert Testimony to Clinch $800,000 Settlement
New London Attorney Secures $1.1 Million Settlement for Client After Car Crash
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