July 19, 2006

POLICE OFFICER BEARS MOST FAULT

By Thomas B. Scheffey
James Peterson v. Greenwich: On May 3, 2002, Greenwich police officer Andrew Kelly had his siren and lights on as he headed north on Lake Street toward a serious accident on the Merritt Parkway. He never made it.

Plaintiff Jason Peterson, of Cos Cob, was inching out of North Maple Avenue, to Kelly’s right, to turn into the southbound lane of Lake Street. Kelly said Peterson appeared to be nearly stopped, but darted forward at the last moment. Peterson said he tried to rush into the southbound lane when Kelly unexpectedly appeared. In the ensuing crash, Peterson’s pelvis was fractured and he had a ruptured bladder and urethra.

Initially, plaintiff’s lawyer Michael A. Stratton, of New Haven’s Stratton Faxon, alleged Kelly’s driving was reckless and intentional conduct. Scott Harrington, of Stamford’s Diserio, Martin, O’Connor & Castiglioni, was retained to represented Greenwich.

Stratton asked the jury for $119,000 in medical damages and $400,000 in noneconomic damages. “The jury awarded $910,000 total damages, apportioning 33 percent of blame to my client,” so the net verdict is $607,000, he said in an interview.

Harrington said he’s filing post-trial motions and that the decision on an appeal is pending.