Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Improper lookout

January 2025

Todd Rios was driving on a roadway when Michael Philhower, who was traveling in the same direction, suddenly collided with Rios’s vehicle. Rios suffered a bulging disk at L4-5, aggravation of a lumbar spinal condition, and orthopedic pain. He continues to suffer from low back pain and radiculopathy.

He sued Philhower, alleging improper lookout, failure to avoid a collision, and failure to timely brake or warn of an impending collision.

The jury awarded $3 million, including more than $73,400 for past economic damages. The court denied the defendant’s posttrial motions.

Citation: Rios v. Philhower, No. MMX-CV-22-6033966-S (Conn. Super. Ct. Middlesex Cnty. July 9, 2024).

Plaintiff counsel: AAJ member Brian M. Flood, Middletown, Conn.

Plaintiff expert: Jeffrey Bash, orthopedics, Middletown.