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Joseph West v. Caitlin Ross and Peter Ross

AN NCAA Division I football player who broke his foot in a car accident, ruining any chance he had of playing professional ball, sued the car's driver and has recovered nearly $500,000.

Joseph West, known by friends by his middle name, Forrest, attended school in Salisbury, where he played football, lacrosse and basketball and even found time to row for the crew team. "He was just a gifted athlete," said his lawyer. "He was one of those kids who was good at everything from the time he was little."

At 6-foot-1 and 230 pounds, the fast defensive lineman drew the interest of many elite college football programs. West chose the University of Colorado, where he made the Big 12 all-freshman team in 2009. After his sophomore season, he was conference honorable mention.

Colorado's head coach was fired after West's sophomore season and the new coach announced plans to use a different defensive approach that placed more emphasis on linebackers. West believed that would mean less playing time for him as a defensive lineman,. So he decided to transfer to North Carolina State. He sat out a season, per National Collegiate Athletic Association transfer rules, and then played an N.C. State in 2012 and 2013.

West was home visiting family and friends over the holidays after his senior season ended. On Dec. 27, 2013, at about 3 a.m., he was sitting in the front passenger seat of a car driven by Caitlin Ross and owned by her father, Peter Ross.

The vehicle was headed north on Lovely street near its intersection with Yorkshire lane in Avon. As Ross attempted to navigate a left-hand curve, she lost control of the vehicle, which went off the right side of the road and smashed into a telephone pole, mailbox and fence.

The passenger side, where West was seated, took the brunt of the impact, said Jainchill. The attorney said weather conditions were a factor, as Ross slid on some ice before going off the road.

West was taken to St. Francis Hosptial and Medical Center in Hartford and was diagnosed with a Lisfranc fracture of the right midfoot. On his release from the hospital, West was told to follow up with an orthopedic doctor.

West contacted some of his college coaches in Raleigh, North Carolina, and they advised him to come down there to treat the injury. In North Carolina, doctors put six screws and a plate at the third metatarsal joint because it had been crushed into lots of little pieces.

Following surgery, West could not put any weight on the foot for eight weeks. Jainchill said the injury has already caused an arthritic condition.

"He has pain virtually with every step he takes," said Jainchill. The first step each day is particularly painful, the attorney said, because the foot stiffens up while West is sleeping. Though the foot begins to loosen up some as the day progresses, it also begins to hurt worse. Jainchill said West experiences pain while sprinting, jumping or sunning outdoors.

West planned to work out for scouts at the national Football League's "pro day" at N.C. State in March 2014. However, he could not participate because he could not put weight on his foot. "His goal was to try out for the NFL scouts, get invited to the NFL combines, work out for some teams, try to get drafted or at least get an invitation to [an NFL team's] practice squad."

Jainchill said during the litigation that he did not try to put on any economic evidence regarding the salaries of pro football players. He said West was aware there was no guarantee that he would make the team. Instead, their case focused more on "the noneconomic loss of never getting the chance to pursue this dream he had, which for him was a realistic dream," said Jainchill. "He at least was going to take a shot at it."

A negligence lawsuit was filed against Ross and her father. They admitted liability and the case proceeded to a hearing on damages before Judge Constance Epstein in Hartford Superior Court.

The defendents were represented by Thomas Chapman of the Law Offices of Dean Weddall in Hartford, which serves as Traveler's Insurance in-house firm. Chapman did not respond to an interview request.

Chapman contested damages by arguing that the injury, overall, was relatively minor and not anything that would prevent the 25-year-old West from enjoying the rest of his life. Chapman also contended that it was extremely unlikely that West would have played pro football even if the injury did not occur.

Jainchill presented an orthopedic surgeon who testified that a 12 percent permanent partial disability rating had been assigned to WEst's foot. The surgeon testified that there was a zero percent chance the foot would get any better and that it would likely get worse because of the arthritis.

West, who now lives in Oakland, California, and his parents testified at the hearing. Jainchill said the defense did not present any experts during the two-day hearing.

The jury took about two hours to deliberate before awarding West $495,886. Of that amount, $440,000 was for future non-economic damages. Nearly $46,000 was for past medical bills.

Jainchill said the verdict was about $200,000 more than the defendants' final settlement offer before trial. "The challenge for me I think was to make [the jury] understand the effect this has had on this kid's life," said Jainchill, who said that West was "thrilled" with the verdict.

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.

Source: Christian Nolan, Football Player Gets $500,000 After Crash Breaks Foot. CONN. LAW TRIBUNE, May 16, 2016 at 14.