Jennifer Rossi Obtains $1.475 Million Settlement In Wrongful Death Case

by | Jan 30, 2015 | highlight, News

Ms. Rossi negotiated resolution of a wrongful death lawsuit in the amount of $1.475 Million. On behalf of her clients, the Estate and the surviving spouse of the decedent, Ms. Rossi filed a lawsuit in the Superior Court of New Haven, alleging claims of wrongful death, including those for: negligence, statutory negligence, negligence per se, statutory recklessness and loss of consortium.

The decedent was a 34-year old father of three young children. While the decedent was operating his motorcycle in New Haven on a weekend afternoon in the fall of 2013, his motorcycle was violently struck by a 90-year old woman (the defendant in the lawsuit) who was operating her car from the opposite direction and turned left into the lane of travel of the motorcycle. The decedent was conscious for less than one hour. He died from the injuries he sustained in the accident. Defendant raised issues of comparative negligence in her pleading filed with the Court in response to the lawsuit.

During the course of the litigation, and following Ms. Rossi’s review of the Arrest Warrant and Affidavits from police personnel responding to the scene of the accident, Ms. Rossi requested that the Court permit her to serve non-standard written discovery upon the defendant because the information obtained from the police records suggested that the defendant was using a cell phone at the time of the accident. Over-ruling the defendant’s objections, the Court permitted Ms. Rossi to serve non-standard written discovery, which included several questions involving defendant’s use of a cell phone at the time of the accident, her cell phone provider, hands-free devices used, and copies of cell phone records. Ms. Rossi also successfully convinced the Court to permit her to obtain information and records regarding defendant’s medical history over the course of the past 10 years because, as Ms. Rossi argued, defendant’s statements to police personnel after the accident reasonably raised questions about defendant’s vision and her medical condition generally, leading to concerns about defendant’s ability to safely operate a motor vehicle.

Following only five months of litigation, and as a direct result of her unwavering effort, Ms. Rossi convinced the defendant’s insurance company to pay the Estate $1.475 Million to settle the claims raised in the lawsuit (which was nearly the full policy limits available under defendant’s insurance). Needless to say, this was one of the most efficient and speedy settlements of its kind.

photo: Aidan Wakely-Mulroney