A totaled car. Photo Courtesy legART/Shutterstock.com.
Attorneys for a 63-year-old woman who was rear-ended by a tractor-trailer that pushed her car into another big rig on Interstate 84 in Waterbury, have settled the case following mediation for $500,000.
Donna Harrison was traveling in a construction zone on the heavily traveled highway in August 2015 when her 2014 Mitsubishi Outlander was struck by a tractor-trailer driven by Firuz Rafiev, according to a July lawsuit filed in Waterbury Superior Court. The impact caused Harrison’s vehicle, which was slowing down for construction traffic, to hit a tractor-trailer in front of her. Harrison’s car then went into a guard rail, according to Chrysten Dufour, Harrison’s attorney.
After the accident, Rafiev got out of his truck to help Harrison out of her vehicle, said Dufour, an associate with Moore, O’Brien & Foti in Middlebury. “She realized when getting out of the vehicle she could not stand. Her left ankle was broken.”
Harrison told police she was slowing for traffic when she heard a loud bang from Rafiev hitting another car just before hitting her Outlander. Harrison said she then saw Rafiev’s tractor-trailer’s headlights coming toward her at a high rate of speed.
Chrysten Dufour of Moore, O’Brien & Foti.
Rafiev, a 48-year-old New York City resident, was cited for traveling too fast in conditions in a construction zone, following too closely in a construction zone and failure to maintain a proper lane in a construction zone. The police report did not state how fast Rafiev was traveling. The speed limit was 45 miles per hour.
Immediately prior to rear-ending Harrison’s vehicle, Dufour said Rafiev rear-ended a vehicle driven by Heather Tyson. Tyson’s 2010 Nissan Rogue was pushed into the left lane of traffic, Dufour said. There is no record of Tyson filing suit against Rafiev in Connecticut state courts.
Harrison suffered fractured ribs, neck pain, back pain, chest pain, a broken ankle and headaches, Dufour said. Harrison had two surgeries to her left ankle. Her first surgery required screws to be inserted into her ankle and the second surgery was to take out some screws because Harrison was in pain, Dufour said.
“She still hurts today when she walks and goes up and down stairs,” Dufour said.
The three-hour mediation was held in front of New Haven Superior Court Judge Brian Fischer on Nov. 20. Dufour said her initial demand was for $950,000 while the attorney for the insurance carrier’s initial offer was $150,000. The judge settled on $500,000. The money should be paid out before the end of the year, Dufour said. Trial was scheduled for Dec. 5.
Harrison retired from her job with the state Department of Developmental Services because of the accident, Dufour said.
The settlement was paid via Criterion Claim Solutions, the insurance carrier for Rafiev’s employer, Kadd Transportation Service.
Criterion Claim Solutions was represented by Rebecca Hartley of Regnier, Taylor, Curran & Eddy in Hartford. Hartley declined to comment Thursday.
