Lou Rubano Secures $200,000 Settlement in Car Accident Case

Woman Gets $200K After Hurting Shoulder In Accident
Connecticut Law Tribune
Monday, May 10, 2010
Copyright 2010, ALM Properties, Inc.

Woman Gets $200K After Hurting Shoulder In Accident

Judge mediates settlement following rotator cuff surgery

By CHRISTIAN NOLAN

Gina T. Phillips v. Daniel Feinberg: A 46-year-old paving business owner who was injured after a driver rear-ended her at a stop light settled her case for $200,000.

On Nov. 4, 2006, Gina T. Phillips was driving southbound on Route 85 in Waterford in the mid-afternoon before stopping at a red light. At the same time, Daniel Feinberg, 34, was driving some distance behind her, but erratically and at a high rate of speed, according to witnesses.

As Feinberg approached the red light where Phillips was stopped, his 2002 Honda Accord rammed into the back of Phillips's 2000 Chevy pickup, sending it off the roadway. There were no other vehicles in front of Phillips at the light.
Phillips suffered a shoulder injury as well as a soft tissue injury to her cervical spine area. According to Phillips's lawyer, Louis M. Rubano, of New Haven's Lynch, Traub, Keefe & Errante, Phillips needed arthroscopic surgery for a rotator cuff tear in her right shoulder.
Rubano said doctors ultimately assessed Phillips with 10 percent permanent partial disability to her right shoulder and a 5 percent permanent partial disability to her cervical spine.

The surgery apparently helped Phillips but she testified during a deposition that she still has problems with any activity that involves reaching her arm overhead or behind her body; this includes putting on a bra or shirt. She also cannot lift an object that weighs more than 20 pounds, Rubano said.

Feinberg was ticketed at the accident scene for following too closely. Rubano said it appeared that Feinberg had some alcohol in his system at the time of the crash but it was not above the legal limit. Also, Feinberg was able to get his traffic ticket nolled, Rubano said. The attorney acknowledged that it would have been difficult to get the ticket information into evidence at trial, nevermind the allegations of possible alcohol in the driver's system.

Rubano filed a lawsuit against Feinberg in New London Superior Court for negligence and reckless operation of a motor vehicle. Rubano's initial demand was for $350,000 in damages. Phillips's medical bills came to $38,467, Rubano said.
Rubano said Phillips owned a paving business and had to hire someone for nine months at $46,000 to oversee her business while she recovered from her injuries.

Liberty Mutual Insurance Co. was Feinberg's auto insurance carrier. He was represented by the insurer's in-house firm; specifically attorney Patrice Noah of Turret and Rosenbaum. Noah's initial offer was for $75,000. Noah, who contested the extent of the damages, particularly the $46,000 to hire the business overseer, could not be reached for comment last week.
Because both sides were initially so far apart, they went to mediation before New Haven Judge Terence A. Zemetis prior to the scheduled trial. The two sides were able to reach a settlement at $200,000.

Rubano speculated that Liberty Mutual may have been concerned about a jury awarding more than $200,000 due to witness statements about Feinberg driving erratically and speeding. "On the flip side, I thought $200,000 for an arthroscopic shoulder surgery was a pretty good outcome," said Rubano. "It certainly compensates her for the injuries she sustained."

Rubano explained that $20,000 of the $200,000 was paid by Feinberg's father to settle the reckless operation of a motor vehicle count of the claim. Rubano said that Liberty Mutual Insurance Co. does not cover reckless operation of a motor vehicle claims. As such, Feinberg had to hire a separate attorney, Garon Camassar of Dubicki, Camassar & Simonson LLP in New London, to handle that portion of the claim.