Family Care Doctrine Reinforces $256,058.56 Award for Passenger’s Injury

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This action was commenced in 2009 by the plaintiff Lauren Cima as against defendants Eric Sciaretta and Nicholas Sciaretta. This action arises out of a July 16, 2007, car accident in which Cima was a passenger in a vehicle that was struck by a vehicle owned by Nicholas Sciaretta and typically operated by his son Eric Sciaretta. At the time of the accident, however, the vehicle was being driven by a friend of Eric Sciaretta's, Stephen Sorbo. At the time of the accident the plaintiff was a nineteen-year-old college student actively involved in cheerleading and other activities. After the accident, her activities were changed substantially and she underwent years of treatment for the injuries sustained in the accident. The parties stipulated at trial that the plaintiff's life expectancy was 57.7 years.

In reaching its verdict on July 21, 2011, the jury answered 17 jury interrogatories, including the first two interrogatories which dealt explicitly with the issue of whether Nicholas Sciaretta gave general authority, without restrictions, to Eric Sciaretta to use the family vehicle for his pleasure and convenience and whether Eric Sciaretta gave permission to operate the family car to Stephen Sorbo. The jury answered both of those interrogatories affirmatively and further found that the accident of July 16, 2007 proximately caused the injuries claimed by the plaintiff. The jury entered a verdict in favor of the plaintiff in the amount of $256,058.56, which verdict included $245,000 in non-economic damages.

There was sufficient evidence to charge the jury in a passenger's traffic accident injury suit on the family car doctrine because, although the son testified that his father, the vehicle owner, told him that other individuals could not drive the car, the father admitted that he had never verbalized this restriction to the son, and the jury could have plausibly accepted either witness's testimony. There was abundant evidence that the son had general authority, without restrictions, to operate the family vehicle and that the son gave permission to the third party to drive the vehicle.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Cima v. Sciaretta, 2011 Conn. Super. LEXIS 2310 (Conn. Super. Ct. Sep 14, 2011)