Jessica Pratt suffered serious injuries after this car she was driving in Rocky Hill in 2019 was struck head-on by a car Richard Mitchell was driving. Pratt recently settled her case for $250.000. Courtesy photo
In a case in which some attorneys might have stopped at hiring a neurologist to study the effects of a head-on collision on a client, plaintiffs counsel Betsy Ingraham went the extra step and brought in a psychologist.
Hiring neuropsychologist Robert Tepley of Norwalk helped Ingraham secure the policy limit of $250,000 for client Jessica Pratt.
Pratt's July 2020 lawsuit alleged motorist Richard Mitchell plowed into Pratt's vehicle in December 2019 in Rocky Hill after crossing over a yellow line. Mitchell was given infractions for driving under the influence of alcohol and failure to maintain his proper lane.
Ingraham, a trial attorney with Connecticut Trial Firm LLC in Glastonbury, said hiring Tepley made her case.
While it's not uncommon for attorneys in a similar situation to hire a neurologist, Ingraham said Wednesday, "You have to hire a neuropsychologist who can pin down exactly what the symptoms mean for your client's long-term functioning. Hiring the neuropsychologist was our strategy. Without the neuropsychologist, the client is subjectively reporting memory problems, an ability to concentrate and fogginess. But, it's hard without that expert to translate that into what that looks like for someone trying to live their daily life."
Plaintiffs counsel Betsy Ingraham of Connecticut Trial Firm LLC in Glastonbury. Courtesy photo
Ingraham continued: "Neurologists can diagnose the brain injury, but a neuropsychologist tells you the effects of the injury. It wouldn't be unusual to just rely on a neurologist, but you don't get the whole story by doing that."
After examining her client, Ingraham said Tepley "found she had ongoing deficits" with regard to her memory and concentration "that were likely to impact her long-term. She is a young college student and this could potentially impact her education and career for the rest of her life."
Ingraham and the lawsuit said the 20-year-old Pratt, who lost consciousness following the accident, also sustained a brain injury; head injury; broken eye socket; fractured jaw; facial scarring; facial contusions; and dizziness.
Ingraham said it's not clear how many drinks Mitchell had or how long he'd been drinking at Carbone's Prime, a Rocky Hill restaurant. Ingraham said Mitchell's blood alcohol level was 0.15 at the time of the accident; the legal limit in Connecticut is 0.08.
Ingraham said she'll also be seeking damages under the 2005 Connecticut Dram Shop Act against the restaurant. The act allows litigants to hold businesses liable for up to $250,000 for serving alcohol to an intoxicated person, who then injures someone else. Ingraham said she'd be seeking the full $250,000 against Carbone's Prime.
Representing Mitchell's insurance carrier, The Hartford Financial Services Group Inc., is Carolyn McAuliffe of the Law Offices of David J. Mathis in Hartford. McAuliffe didn't respond to a request for comment Wednesday.
In court pleadings, the defense leaves it up to plaintiff's counsel to prove their case.
Robert Storace
Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437-5950.