Eric and Melanie Thompson suffered injuries following this fiery crash in Ledyard in 2018. The two were in a pickup truck (left) which was struck head-on by a vehicle Samuel McGrath was driving. McGrath was drunk at the time, police said. The case recently settled for $1.2 million. Courtesy photo

Plaintiffs attorney John Nazzaro knew he had a strong case in representing a Groton couple severely injured when a drunken driver crashed into their pickup truck head-on in Ledyard in July 2018, causing a fiery crash.

But the New London attorney said that while liability wasn't an issue, the defense was still pushing back on some issues, most notably related to plaintiff Eric Thompson's preexisting back condition. Thompson's wife, Melanie, the passenger in the pickup truck, was also injured.

Eric Thompson, the 43-year-old driver, suffered the brunt of the injuries after Samuel McGrath's Subaru struck the truck head-on. McGrath allegedly failed two Breathalyzer tests and is currently facing criminal charges, including driving while under the influence.

Eric Thompson needed back surgery because of the crash, but defense counsel argued they needed proof that the surgery was related to the accident and not prior injuries, Nazzaro said.

"We resolved that issue by getting a good medical opinion by neurosurgeon Patrick Dougherty who was able to show—through reports—that the motor vehicle collision was the substantial factor in causing the need for surgery," said Nazzaro, a partner with The Reardon Law Firm.

A lawsuit was filed in February 2019 in New London Superior Court.

Nazzaro said another strategy was "filing suit early and using the offensive in filing offers of compromise. That was a useful tool in pressuring the defense to make a realistic evaluation. They, by law, had 30 days to review the offers of compromise. We think that pushed them to negotiate in good faith."

Nazzaro said his offer of compromise for Eric Thompson was $1.25 million, and he settled for $1,050,000, while the offer of compromise for Melanie Thompson was $250,000. In that case, they settled on $150,000. Both sides agreed to the settlements on July 22.

The money was disbursed by Allstate.

Melanie Thompson had injuries to her right hand, abdomen and chest, Nazzaro said.

Not all of the injuries were physical.

"There was emotional trauma for both of them," Nazzaro said Thursday. "This was a genuine near-death experience because the pickup truck exploded. They were struck head-on on a narrow and winding rural road. Both vehicles exploded in a ball of fire. They luckily got out of their cars, but had to watch their vehicle go up in flames."

The Thompsons incurred about $200,000 in medical expenses, Nazzaro said.

Representing the defense was William Melley III, a Hartford solo practitioner. Melley didn't respond to a request for comment Thursday.

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