'But for' test proves negligence, leads to $125K auto settlement
Co-defendants blaming each other made the case more complex, making it harder to determine liability.
A lawsuit stemming from a three-car crash settled for $125,000, after two co-defendants pointed fingers at each other for causing the accident in Orange.
It was a complex case because the co-defendants blamed each other, making it difficult to determine liability, said attorney Florian Kreuk, who represented the plaintiff.
“We had to go through litigation, discovery and depositions to find out what the testimony was going to be and where the liability was going to fall,” said Kreuk, with Carter Mario Law Firm. “We were battling for two years over who was responsible.”
According to the police report, 24-year-old Austin Cofrancesco was heading southbound on Route 162 on Aug. 30, 2019, when he drove a Subaru WRX into the rear of a Toyota Yaris, which was stopped behind a Honda Pilot at a red light near the Carlson Road intersection.
The driver of the Yaris, 39-year-old Nayra Nieves-Melendez of New Haven, told police the impact pushed her car into the Pilot. However, most of the damage was to the front end of the Yaris, suggesting she accidentally hit the accelerator after being struck, Kreuk said.
Cofrancesco, a West Haven resident, initially left the scene but returned after police arrived, saying he panicked, according to the report. The WRX had little front-end damage other than to its license plate, which fell off.
Police said Cofrancesco was following the Yaris too closely, which caused the initial crash. He was given a verbal warning.
Kreuk used the “but for” test of negligence to show that the co-defendant’s actions were the proximate cause of his client’s injuries.
“I think that but for that initial collision, the middle vehicle would not have slammed on the accelerator and this collision would not have occurred,” Kreuk said.
The plaintiff and driver of the Pilot was East Haven resident Jamel Linen, a correctional officer at New Haven Correctional Center. He and his wife, who was in the passenger seat, were taken by ambulance to Yale New Haven Hospital.
Linen, 38, suffered a herniated disc and missed about a month of work due to lower back pain from the crash and may require surgery in the future, Kreuk said.
Cofrancesco’s insurance, Century National, paid $100,000 and Melendez’s insurance, Progressive, paid $25,000, the maximum amount allowed by each policy, he said.
The lawsuit was withdrawn on Sept. 24, 2021, about four weeks before it was set for trial.
“It was a perfect confluence of factors that resulted in both carriers offering the full extent of their coverage,” Kreuk said.
Attorneys for the co-defendants didn’t respond to messages seeking comment.
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