A settlement was reached in Hartford Superior Court on May 7, 2010, compensating a 43-year-old woman for a permanent neck injury sustained in a bicycle accident when she crashed into an unmarked gate which had been improperly used as a barrier.
Maribeth Blonski, a resident of Rocky Hill, was injured after crashing into a closed gate on a rural bike path not far from her home. The defendant, Metropolitan District Commission (MDC), had ordered the gate closed to protect the water supply. The closed gate was rusted, bore no warning, had insufficient markings and was improperly used as a barrier due to the risk of this type of injury.
Before the trial began, the defendant offered a settlement of $50,000, even as they blamed the plaintiff for her injury. The surgery that was necessary after the accident was a multi-level fusion of the cervical spine and cost over $100,000 in medical expenses.
Experts testified during the trial that the bar gate used to block off the bike path had been eliminated as a proper barrier long ago. The defendant failed to follow standards and install a proper protective barrier.
On Friday, May 7th in Hartford Superior Court the jury took less than two hours to deliberate before returning with a $2.9 million verdict to compensate 43-year-old Maribeth Blonski for her harms and losses. Consistent with its close examination of the evidence, the jury found the plaintiff to be 30% responsible for the incident. According to the victim’s attorney, the MDC could have settled this case for a small fraction of what was eventually awarded. Why didn’t they?
It appears that the MDC’s arrogance and unreasonable view of the case required the jury to carefully weigh the evidence and come to a conclusion that was much less favorable to their interests. It might also be argued that the MDC’s recalcitrance in this instance might have been a course chosen for short-term financial gain – without due consideration or concerns figured into the commission’s decision-making process. This course of action may be considered particularly unfortunate as the safety of potentially thousands of the property’s recreational users were needlessly placed at risk.
Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.
