Carter Mario Attorneys Secure $3 Million Settlement in Workers' Comp Case

Carter Mario attorneys Carla Minniefield, Andrew Buchetto, Jessica Ayala, Ryan Veilleux, Luke Mario and Robert Messey secured a $3 million settlement for their client in a workers’ compensation case.

While working, the plaintiff, Charles Zygmunt, was on the trailer of a vehicle picking up traffic cones when the defendant driver, Steven Lima, allegedly changed lanes abruptly and caused the plaintiff to fall off the trailer and hit his head on the road. Both the plaintiff and the defendant were employed by the co-defendant Atlantic Pavement Marking Inc., according to the complaint.

Due to the plaintiff’s injuries, Buchetto said his client had no memory of the incident.

“As far as liability goes, it was difficult because our client had no recollection of what actually happened,” Buchetto said. “We had an eyewitness who gave some favorable facts, but was also subject to some undermining statements. In addition to that, using the specs of the truck and the width of the road, we were able to try to make the argument that the defendant was driving back-and-forth, side to side.”

At first, the workers’ compensation claim was denied, Minniefield said.

“The defense was claiming that our client was intoxicated, and if they had been able to prove that, it would have been an affirmative defense, and he would not have been successful in pursuing the workers’ compensation,” Minniefield said. “We were able to locate a witness who … was able to identify that the driver of the vehicle was negligent.”

Minniefield said they brought on an outside attorney, Robert Sousa of Sousa & Minogue, to help with the workers’ compensation case, which was resolved for $1 million.

In addition to the workers’ compensation claim, the plaintiff was able to bring the employer in on a third-party action because of the exception allowed when the injury occurs due to a motor vehicle accident, Veilleux said. However, because the accident happened in New York, the third-party claim was originally denied.

“We submitted case law pursuant to [Jaiguay v. Vasquez], among other cases, that if the employee resides in Connecticut and the company is a Connecticut company, Connecticut law would apply for the workers’ compensation,” Veilleux said.

Veilleux said they were able to resolve the third-party case for $2,243,337.32.

Counsel for the defendant, Michael A. Dowling of Holahan, Gumpper & Dowling, did not respond for comment.