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Plaintiffs sought damages from defendant insurer for injuries suffered by plaintiff husband in a car accident, and for loss of consortium damages for plaintiff wife.
The credible testimony and evidence was that the husband was not partially responsible for the collision. Immediately after the accident he did not complain of any neck or back injuries, or did he do so at the emergency room. Furthermore he had full range of motion of both his back and his neck. He did not seek medical treatment again until more than one week after the accident. It was the conclusion of the court that while the husband was credible that he did sustain some physical injuries as a result of the accident, his testimony was not credible as to the extent of the injuries or as to whether the injuries were permanent. The more credible evidence was that the husband's loss of income was due to the accident. The court found the testimony concerning the subjective complaints of pain to be exaggerated and therefore lacking some credibility. The husband was entitled to damages for medical expenses, lost income, and non-economic damages. The husband and wife met their burden of proof of showing that the "intangible relations" that existed between them had changed as a result of the accident. Thus, they were also entitled to damages for loss of consortium. Plaintiffs were entitled to damages. The husband did not prove by a preponderance of the evidence that his injuries were permanent in nature. He was therefore not entitled to the future damages claimed.
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Source: Savvoulidis v. W. Am. Ins. Co., 2001 Conn. Super. LEXIS 1528 (Conn. Super. Ct. May 30, 2001)