DOCKET NO: NNH-CV-16-6065607S

:

SUPERIOR COURT

ALLISON VANDERMAELEN, ET AL

:

J.D. OF NEW HAVEN

VS.

:

AT NEW HAVEN

ROBERT CHOINSKI, ET AL

:

MARCH 13, 2018

THIRD AMENDED COMPLAINT COUNT ONE: (Allison VanDerMaelen v. Robert Choinski as to Negligence) 1. The Plaintiff, Allison VanDerMaelen is a resident of the State of Connecticut with her place of residence being in the Town of Wallingford. 2. The defendant, Robert Choinski, is a resident of the State of Connecticut with his place of residence being in the City of New Britain. 3. The defendant, CWPM, LLC is a Connecticut corporation licensed to do business, and is actively conducting business, within the State of Connecticut. 4. At all times herein the defendant CWPM, LLC owned the waste management truck/vehicle operated by the defendant-driver, Robert Choinski, who was at all times herein operating the vehicle with the authority and permission of the vehicle's owner, defendant-owner, CWPM, LLC. 5.

On or about July 15, 2016, at approximately 1:41 p.m., the plaintiff, Allison

VanDerMaelen (hereinafter the “Plaintiff”), was the passenger and owner of a motorcycle operated by her fiancé, Raymond Smith, traveling eastbound on South Street approaching the intersection with East Road in Bristol, Connecticut. 1

6. At the same time and place, the defendant, Robert Choinski (hereinafter the “defendant-driver”), was the operator of a waste management truck/vehicle, owned by CWPM, LLC (herein after “defendant-owner”) traveling westbound on South Street approaching the intersection with East Road in Bristol, Connecticut. 7. At that same time as the defendant-driver approached East Road anticipating making a left turn to travel southbound on East Road, he was looking toward East Road for vehicles traveling northbound on East Street. 8. At that same time as the defendant-driver approached East Road anticipating making a left turn to travel southbound, as the defendant-driver was looking toward East Road his vehicle crossed over the double yellow line into the eastbound lane of travel on South Street. 9. At the same time and place, the defendant-driver, suddenly and without warning turned in front of the plaintiff’s vehicle, attempting to make a left turn onto East Road and in doing so, drove directly into the left side of the plaintiff’s vehicle, causing a collision between the two vehicles (hereinafter the “collision”). 10. The defendant-driver caused this collision. 11. The defendant-driver is responsible for his actions. 12. This collision, and the resulting injuries and losses suffered by the Plaintiff, were due to the negligence and carelessness of the defendant in that he: a.

while making a left-hand turn, failed to grant the right of way to a motor vehicle that was approaching close enough to the intersection so that the left turn would constitute an immediate hazard, in violation of § 14-242 (e) of the Connecticut General Statutes; 2

b.

c.

d. e. f. g. h.

i. j. k. l.

m.

n. o. p. q.

r. s.

failed to grant the right of way when approaching an intersection to a vehicle already within the intersection, in violation of § 14-245 of the Connecticut General Statutes; while making a left-hand turn, failed to grant the right of way to any and all other motor vehicles approaching on an intersecting highway, in violation of §14-246a of the Connecticut General Statutes; operated a motor vehicle at an unreasonable rate of speed, in violation of §14-218a of the Connecticut General Statutes; operated a motor vehicle upon a public road while distracted and taking his eyes off the road; failed to keep a proper and reasonable lookout for other vehicles; failed to apply the vehicles brakes in time to avoid the collision, although in the exercise of due care, could and should have done so; failed to turn the motor vehicle to the left or to the right so as to avoid the collision, although in the exercise of due care, could and should have done so; failed to keep a motor vehicle under proper and reasonable control; failed to sound the horn or flash the lights of the motor vehicle to warn the plaintiff of the impending collision; failed to slow and/or stop prior to turning and cut the corner crossing the double yellow line as he turned left; made a left hand turn in per se violation of CGS 14-241 (b) and/or (c) by changing the lane of travel and/or failing to maintain the correct lane of travel while making a left turn; failed to drive in the proper lane on a divided highway and crossed the dividing double yellow lines and traveled in the wrong lanes in the wrong direction in violation of CGS 14-236; failed to ensure that he was making a left-hand turn with reasonable safety in violation of CGS 14-242; turned on to the left side of the road/highway as he was making a left-hand turn at an intersection in violation of CGS 14-235; failed to stop and/or slow, to check for approaching vehicles, so that he could safely turn across oncoming traffic lanes, prior to initiating his turn; Failed to observe the clearly indicated dividing line/section of the roadway and failed to drive only on the right-hand side of the road and instead drove across the dividing line/space in violation of CGS 14-237; failed to keep his truck and/or insure his vehicle was in proper working order and all safety equipment was operating properly; operated his truck with defective or inadequate brakes and/or failed to apply the brakes in a timely manner; 3

t.

u. v. w. x. y.

z. aa. bb. cc.

dd.

operated a motor vehicle upon a public road while using a handheld mobile phone in violation of § 14-296aa(b)(1) of the Connecticut General Statutes; failed to observe traffic travelling in the opposite direction prior to making a left-hand turn; operated the truck while fatigued and/or lacking sufficient sleep or rest; failed to drive upon the right of said highway in violation of C.G.S. §14230; failed to pass the plaintiff's motorcycle, which was proceeding in the opposite direction, on the right in violation of C.G.S. §14-231; failed to drive on the right-hand side of the roadway crossing into oncoming lanes in a clearly marked no passing zone in violation of C.G.S. §14-234; failed to provide an appropriate signal in violation of C.G.S. §14-244; operated a motor vehicle while speeding, in violation of §14-219 of the Connecticut General Statutes; operated the truck upon the highway in violation of the hours of service requirements set forth in 49 C.F.R. §395.3; and, operated the truck while his ability or alertness was so impaired, or so likely to become impaired, through fatigue or illness, as to make it unsafe for him to begin or continue to operate the commercial motor vehicle, in violation of 49 C.F.R. § 392.3; operated a commercial vehicle in such a manner as to cause the death of an individual in violation of §14-222a(b) of the Connecticut General Statutes.

13. As a result of this collision, the Plaintiff suffered the following injuries set forth below, some of which injuries, or the effects thereof, being permanent in nature:

a. b. c. d. e. f. g. h. i.

Cervical strain/sprain Thoracic strain/sprain Lumbar sprain/strain Traumatic brain injury Cerebral edema Right Subdural hematoma Bilateral frontal subarachnoid hemorrhage Right temporal subarachnoid hemorrhage Left Pontine/brainstem hemorrhage 4

j. k. l. m. n. o. p. q. r. s. t. u. v. w. x. y. z. aa. bb. cc. dd. ee. ff. gg. hh. ii. jj. kk. ll. mm nn. oo. pp. qq. rr. ss. tt. uu. vv. ww.

Left frontal brain contusion Intraventricular brain hemorrhage Right pulmonary contusion Chest trauma Pneumothorax Hypoxia Respiratory failure requiring intubation Rib fractures Three-part left comminuted/open and displaced femur fractures Open reduction internal fixation of femur fractures Placement intramedullary rod/nail left femur Left intertrochanteric hip fracture Open reduction internal fixation of pelvic/hip fractures Right ulna fracture Headaches Concussion and post-concussion syndrome Memory loss Cognitive deficits Left anterior thigh laceration/wound measuring 10 cm x 7 cm Left lateral tibia laceration/wound measuring 10 cm x 10 cm Left anterior tibia laceration/wound measuring 12 cm Left anterior tibia laceration/wound measuring 2cm x 1 cm Left patella laceration/wound measuring 1 cm x 1 cm Left comminuted/open patella fracture Traumatic arthrotomy of the left knee Left comminuted/open and displaced tibia plateau fracture Left tibial shaft fracture Open reduction internal fixation of tibia plateau fracture Placement intramedullary rod/nail tibial shaft fracture Proximal and distal fractures of the left fibula Left elbow fracture Vascular injury left anterior tibial artery lower leg Vascular injury left posterior tibial artery lower leg Avulsion injury calf/anterior tibial tissues of the left lower leg Multiple contusions, abrasions and injury left leg Multiple contusions, abrasions and injury left arm Multiple contusions, abrasions and injury left chest, abdomen and torso Multiple contusions, abrasions and injury left face and head Facial trauma, contusions and lacerations Laceration left lateral orbital area measuring 4 cm 5

xx. yy. zz. aaa bbb. ccc. ddd. eee. fff. ggg. hhh. iii. jjj.

Scalp trauma, contusions and lacerations Multiple open wounds/lacerations of let lower leg Significant blood loss Hypotension Multiple wound infections Incision, drainage and debridement of wound infections Skin grafting of open wounds with autologous grafts Left ankle injury Left knee injury to tendons and ligaments Left leg weakness Left leg neurologic damage Gait disturbance/abnormality Psychological and emotional anxiety and distress

14. As a further result of the collision described above, the Plaintiff had experienced pain and suffering from medical treatment and/or disorders, and will continue to experience in the future, physical pain and suffering, emotional pain and suffering; an increased likelihood of future medical treatment and/or disorders and fear; and, apprehension of such medical treatment and/or disorders. 15. As a further result of these injuries, the Plaintiff has incurred and may continue to incur, medical expenses. 16. As a further result of these injuries, the ability of the Plaintiff to pursue and enjoy life's activities had been reduced. 17. As a further result of her injuries, the plaintiff lost income and her earning capacity has been permanently impaired.

6

COUNT TWO: (Allison VanDerMaelen v. Robert Choinski as to §14-295 Recklessness) 1-11 Paragraphs 1 through 11 of Count One are hereby incorporated and made paragraphs 1 through 11 of this Count Two as if fully set forth herein. 12. At all times relevant to this matter, the defendant-driver approached East Street anticipating making a left turn to travel southbound and as the defendant-driver was looking toward East Street, his vehicle crossed over the double yellow line into the eastbound lane of travel on South Street as he cut the corner and maintained speed and/or accelerated his vehicle, without slowing or stopping prior to initiating the turn so he could maintain the vehicle’s momentum in changing direction of the large heavy vehicle, which was his custom and practice when changing direction of travel. 13.

At all times relevant to this matter, the defendant driver was driving at excessive

speed and/or not paying attention to traffic, and/or other vehicles on the road, specifically the plaintiff who was in front of him traveling in the opposite direction and was looking at the roadway onto which he was turning rather than directly in front of him at the approaching traffic, and turning directly into the plaintiff’s vehicle causing him to strike the vehicle with such force that the driver of the plaintiff’s vehicle died and the plaintiff was so severely injured that she was transported from the scene to the hospital by Life Star helicopter ambulance. 14. This collision, and the resulting injuries and losses suffered by the Plaintiff, were due to the recklessness of the defendant-driver in that he: a.

deliberately and knowingly and with reckless disregard, operated a motor vehicle at a rate of speed much too fast for the traffic and road conditions 7

then and there existing, such that he did not even see the plaintiff’s vehicle until it was too late to avoid striking her, and such reckless driving is in violation of §§14-218a and/or 14-222 of the Connecticut General Statutes; and b.

deliberately and knowingly and with reckless disregard, chose to focus his attention on something other than the road, when he knew, or should have known that taking his eyes off the roadway while operating a vehicle created an extremely high likelihood of accident and injury to other motorists around him, including the Plaintiff, and such reckless driving is in violation of §14-222 of the Connecticut General Statutes; and

c.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by intentionally turning in front of the plaintiff when it was not safe to do so, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff, in violation of § 14-222 of the Connecticut General Statutes; and

d.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by failing to observe and react to the traffic conditions at the time, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff, in violation of § 14-222 of the Connecticut General Statutes; and

e.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by intentionally failing to drive on the righthand side of the road, as the plaintiff approached in the oncoming direction, when it was not safe to do so, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff, in violation of § 14-230 of the Connecticut General Statutes; and

f.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by intentionally failing to drive on the right hand side of the road, and crossed the dividing space/section of the road/highway causing him to travel on the wrong side of the road, as the plaintiff approached in the oncoming direction, when it was not safe to do so, when he knew, or should have known, that doing so created a high 8

likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff, in violation of CGS 14237 of the Connecticut General Statutes; and g.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by intentionally failing to drive on the right hand side of the road, and crossed into oncoming traffic lanes in a clearly marked no passing zone causing him to travel on the wrong side of the road, as the plaintiff approached in the oncoming direction, when it was not safe to do so, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff, in violation of 14-234 of the Connecticut General Statutes; and

h.

deliberately and knowingly and with reckless disregard, operated a motor vehicle at excessive speed and speeding much too fast for the traffic and road conditions then and there existing, knowing such speeding put the lives of other motorists in danger and at risk for severe harm, and such reckless driving is in violation of §§14-219 and/or 14-222 of the Connecticut General Statutes; and

15. As a result of this collision, caused by the recklessness of the defendant-driver, the Plaintiff suffered the following injuries set forth below, some of which injuries, or the effects thereof, being permanent in nature: a. b. c. d. e. f. g. h. i. j. k. l.

Cervical strain/sprain Thoracic strain/sprain Lumbar sprain/strain Traumatic brain injury Cerebral edema Right Subdural hematoma Bilateral frontal subarachnoid hemorrhage Right temporal subarachnoid hemorrhage Left Pontine/brainstem hemorrhage Left frontal brain contusion Intraventricular brain hemorrhage Right pulmonary contusion 9

m. n. o. p. q. r. s. t. u. v. w. x. y. z. aa. bb. cc. dd. ee. ff. gg. hh. ii. jj. kk. ll. mm nn. oo. pp. qq. rr. ss. tt. uu. vv. ww. xx. yy. zz.

Chest trauma Pneumothorax Hypoxia Respiratory failure requiring intubation Rib fractures Three-part left comminuted/open and displaced femur fractures Open reduction internal fixation of femur fractures Placement intramedullary rod/nail left femur Left intertrochanteric hip fracture Open reduction internal fixation of pelvic/hip fractures Right ulna fracture Headaches Concussion and post-concussion syndrome Memory loss Cognitive deficits Left anterior thigh laceration/wound measuring 10 cm x 7 cm Left lateral tibia laceration/wound measuring 10 cm x 10 cm Left anterior tibia laceration/wound measuring 12 cm Left anterior tibia laceration/wound measuring 2cm x 1 cm Left patella laceration/wound measuring 1 cm x 1 cm Left comminuted/open patella fracture Traumatic arthrotomy of the left knee Left comminuted/open and displaced tibia plateau fracture Left tibial shaft fracture Open reduction internal fixation of tibia plateau fracture Placement intramedullary rod/nail tibial shaft fracture Proximal and distal fractures of the left fibula Left elbow fracture Vascular injury left anterior tibial artery lower leg Vascular injury left posterior tibial artery lower leg Avulsion injury calf/anterior tibial tissues of the left lower leg Multiple contusions, abrasions and injury left leg Multiple contusions, abrasions and injury left arm Multiple contusions, abrasions and injury left chest, abdomen and torso Multiple contusions, abrasions and injury left face and head Facial trauma, contusions and lacerations Laceration left lateral orbital area measuring 4 cm Scalp trauma, contusions and lacerations Multiple open wounds/lacerations of let lower leg Significant blood loss 10

aaa bbb. ccc. ddd. eee. fff. ggg. hhh. iii. jjj. 16.

Hypotension Multiple wound infections Incision, drainage and debridement of wound infections Skin grafting of open wounds with autologous grafts Left ankle injury Left knee injury to tendons and ligaments Left leg weakness Left leg neurologic damage Gait disturbance/abnormality Psychological and emotional anxiety and distress

The aforementioned violations were engaged in by the defendant-driver either

intentionally or with reckless disregard as to the consequences, and were a substantial factor in causing injury to the plaintiff. 17-20.

Paragraphs 14 through 17 of Count One are hereby incorporated and made

paragraphs 17 through 20 of this Count Two as if fully set forth herein.

COUNT THREE: (Allison VanDerMaelen v. Robert Choinski as to Common Law Recklessness) 1-13.

Paragraphs 1 through 13 of Count Two are hereby incorporated and made

paragraphs 1 through 13 of this Count Three as if fully set forth herein. 14. This collision, and the resulting injuries and losses suffered by the Plaintiff, were due to the recklessness of the defendant in that he: a.

deliberately and knowingly with reckless disregard operated a motor vehicle at a rate of speed much too fast for the traffic and road conditions then and there existing, such that he did not even see the plaintiff’s vehicle until it was too late to avoid striking him; and 11

b.

deliberately and knowingly with reckless disregard chose to focus his attention on something other than the road, when he knew, or should have known that taking his eyes off the roadway while operating a vehicle created an extremely high likelihood of accident and injury to other motorists around him, including the Plaintiff; and

c.

deliberately and knowingly and with reckless disregard operated a motor vehicle in a reckless manner by intentionally turning in front of the plaintiff when it was not safe to do so, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and

d.

deliberately and knowingly and with reckless disregard operated a motor vehicle in a reckless manner by failing to observe and react to the traffic conditions at the time, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and

e.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by intentionally failing to drive on the righthand side of the road, as the plaintiff approached in the oncoming direction, when it was not safe to do so, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and

f.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by intentionally drove on the right-hand side of the road, and crossed the dividing space/section of the road/highway causing him to travel on the wrong side of the road, as the plaintiff approached in the oncoming direction, when it was not safe to do so, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and

g.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by intentionally failing to drive on the right hand side of the road, and crossed into oncoming traffic lanes in a clearly marked no passing zone causing him to travel on the wrong side of the 12

road, as the plaintiff approached in the oncoming direction, when it was not safe to do so, when he knew, or should have known, that doing created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and h.

intentionally and with disregard for the safety of others knew he was driving at excessive speed and while distracted, and knew he was proceeding to turn left at an intersection without stopping or slowing and without observing oncoming traffic, and crossed into the oncoming traffic lanes, and knowing these actions were reckless and placed those around him at substantial risk of serious injury, he consciously chose to continue to drive/act in an irresponsible and/or reckless manner without attempting to alter his actions to protect those around him from harm; and

i.

deliberately and knowingly and with reckless disregard operated a motor vehicle in a reckless manner by operating his truck with defective or inadequate brakes and/or failed to apply the brakes in a timely manner, knowing his brakes would be unable to properly and safely slow and/or stop his vehicle, to avoid a collision, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and

j.

deliberately and knowingly and with reckless disregard operated a motor vehicle in a reckless manner by intentionally operating the truck while fatigued and/or lacking sufficient sleep or rest, knowing he would be unable to observe and react to the traffic conditions at the time, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and

k.

deliberately and knowingly and with reckless disregard, operated a motor vehicle at excessive speed and speeding much too fast for the traffic and road conditions then and there existing, when he knew, or should have known, that speeding at this rate would put other motorists at risk for severe harm and endanger the lives of those around him, including the plaintiff; and

l.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by failing to observe and react to the traffic 13

conditions at the time, when he knew, or should have known, he was operated the truck upon the highway in violation of the hours of service requirements set forth in 49 C.F.R. §395.3, and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff; and m.

deliberately and knowingly and with reckless disregard, operated a motor vehicle in a reckless manner by operating the truck while his ability or alertness was so impaired, or so likely to become impaired, through fatigue or illness, as to make it unsafe for him to begin or continue to operate the commercial motor vehicle, in violation of 49 C.F.R. § 392.3, cause him to fail and/or impair his ability to observe and react to the traffic conditions at the time, when he knew, or should have known, that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around him, including the plaintiff.

15. As a result of this collision, caused by the recklessness of the defendant-driver, the Plaintiff suffered the following injuries set forth below, some of which injuries, or the effects thereof, being permanent in nature: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q.

Cervical strain/sprain Thoracic strain/sprain Lumbar sprain/strain Traumatic brain injury Cerebral edema Right Subdural hematoma Bilateral frontal subarachnoid hemorrhage Right temporal subarachnoid hemorrhage Left Pontine/brainstem hemorrhage Left frontal brain contusion Intraventricular brain hemorrhage Right pulmonary contusion Chest trauma Pneumothorax Hypoxia Respiratory failure requiring intubation Rib fractures 14

r. s. t. u. v. w. x. y. z. aa. bb. cc. dd. ee. ff. gg. hh. ii. jj. kk. ll. mm nn. oo. pp. qq. rr. ss. tt. uu. vv. ww. xx. yy. zz. aaa bbb. ccc. ddd. eee.

Three-part left comminuted/open and displaced femur fractures Open reduction internal fixation of femur fractures Placement intramedullary rod/nail left femur Left intertrochanteric hip fracture Open reduction internal fixation of pelvic/hip fractures Right ulna fracture Headaches Concussion and post-concussion syndrome Memory loss Cognitive deficits Left anterior thigh laceration/wound measuring 10 cm x 7 cm Left lateral tibia laceration/wound measuring 10 cm x 10 cm Left anterior tibia laceration/wound measuring 12 cm Left anterior tibia laceration/wound measuring 2cm x 1 cm Left patella laceration/wound measuring 1 cm x 1 cm Left comminuted/open patella fracture Traumatic arthrotomy of the left knee Left comminuted/open and displaced tibia plateau fracture Left tibial shaft fracture Open reduction internal fixation of tibia plateau fracture Placement intramedullary rod/nail tibial shaft fracture Proximal and distal fractures of the left fibula Left elbow fracture Vascular injury left anterior tibial artery lower leg Vascular injury left posterior tibial artery lower leg Avulsion injury calf/anterior tibial tissues of the left lower leg Multiple contusions, abrasions and injury left leg Multiple contusions, abrasions and injury left arm Multiple contusions, abrasions and injury left chest, abdomen and torso Multiple contusions, abrasions and injury left face and head Facial trauma, contusions and lacerations Laceration left lateral orbital area measuring 4 cm Scalp trauma, contusions and lacerations Multiple open wounds/lacerations of let lower leg Significant blood loss Hypotension Multiple wound infections Incision, drainage and debridement of wound infections Skin grafting of open wounds with autologous grafts Left ankle injury 15

fff. ggg. hhh. iii. jjj.

16.

Left knee injury to tendons and ligaments Left leg weakness Left leg neurologic damage Gait disturbance/abnormality Psychological and emotional anxiety and distress

The aforementioned violations were engaged in by the defendant-driver either

intentionally or with reckless disregard as to the consequences, and/or with full knowledge that he was acting in a reckless manner, and his actions were a substantial factor in causing injury to the plaintiff. 17-20.

Paragraphs 14 through 20 of Count One are hereby incorporated and made

paragraphs 17 through 20 of this Count Three as if fully set forth herein.

COUNT FOUR: (Allison VanDerMaelen v CWPM, LLC as to Vicarious Liability) 1-11.

Paragraphs 1 through 11 of Count One are hereby incorporated and made

paragraphs 1 through 11 of this Count Four as if fully set forth herein. 12. The defendant-owner, CWPM, LLC, was the owner of the waste management truck/vehicle operated by the defendant-driver Robert Choinski, and as such owner, and pursuant to C.G.S. Sec. 52-183, is liable and responsible for the actions of the defendant-driver, Robert Choinski. 13. This collision, and the resulting injuries and losses suffered by the Plaintiff, were due to the negligence and carelessness of the defendant-owner acting through Robert Choinski and/or its agents, servants and/or employees in that he/they: 16

a.

b.

c.

d. e. f. g. h.

i. j. k. l.

m.

n. o. p.

while making a left-hand turn, failed to grant the right of way to a motor vehicle that was approaching close enough to the intersection so that the left turn would constitute an immediate hazard, in violation of § 14-242 (e) of the Connecticut General Statutes; failed to grant the right of way when approaching an intersection to a vehicle already within the intersection, in violation of § 14-245 of the Connecticut General Statutes; while making a left-hand turn, failed to grant the right of way to any and all other motor vehicles approaching on an intersecting highway, in violation of §14-246a of the Connecticut General Statutes; operated a motor vehicle at an unreasonable rate of speed, in violation of §14-218a of the Connecticut General Statutes; operated a motor vehicle upon a public road while distracted and taking his eyes off the road; failed to keep a proper and reasonable lookout for other vehicles; failed to apply the vehicles brakes in time to avoid the collision, although in the exercise of due care, could and should have done so; failed to turn the motor vehicle to the left or to the right so as to avoid the collision, although in the exercise of due care, could and should have done so; failed to keep a motor vehicle under proper and reasonable control; failed to sound the horn or flash the lights of the motor vehicle to warn the plaintiff of the impending collision; failed to slow and/or stop prior to turning and cut the corner crossing the double yellow line as he turned left; made a left hand turn in per se violation of CGS 14-241 (b) and/or (c) by changing the lane of travel and/or failing to maintain the correct lane of travel while making a left turn; failed to drive in the proper lane on a divided highway and crossed the dividing double yellow lines and traveled in the wrong lanes in the wrong direction in violation of CGS 14-236; failed to ensure that he was making a left-hand turn with reasonable safety in violation of CGS 14-242; turned on to the left side of the road/highway as he was making a left-hand turn at an intersection in violation of CGS 14-235; failed to stop and/or slow, to check for approaching vehicles, so that he could safely turn across oncoming traffic lanes, prior to initiating his turn;

17

q.

r. s. t.

u. v. w. x. y.

z. aa. bb. cc.

dd.

Failed to observe the clearly indicated dividing line/section of the roadway and failed to drive only on the right-hand side of the road and instead drove across the dividing line/space in violation of CGS 14-237; failed to keep his truck and/or insure his vehicle was in proper working order and all safety equipment was operating properly; operated his truck with defective or inadequate brakes and/or failed to apply the brakes in a timely manner; operated a motor vehicle upon a public road while using a handheld mobile phone in violation of § 14-296aa(b)(1) of the Connecticut General Statutes; failed to observe traffic travelling in the opposite direction prior to making a left-hand turn; operated the truck while fatigued and/or lacking sufficient sleep or rest; failed to drive upon the right of said highway in violation of C.G.S. §14230; failed to pass the plaintiff's motorcycle, which was proceeding in the opposite direction, on the right in violation of C.G.S. §14-231; failed to drive on the right-hand side of the roadway crossing into oncoming lanes in a clearly marked no passing zone in violation of C.G.S. §14-234; failed to provide an appropriate signal in violation of C.G.S. §14-244; operated a motor vehicle while speeding, in violation of §14-219 of the Connecticut General Statutes; operated the truck upon the highway in violation of the hours of service requirements set forth in 49 C.F.R. §395.3; and, operated the truck while his ability or alertness was so impaired, or so likely to become impaired, through fatigue or illness, as to make it unsafe for him to begin or continue to operate the commercial motor vehicle, in violation of 49 C.F.R. § 392.3; operated a commercial vehicle in such a manner as to cause the death of an individual in violation of §14-222a(b) of the Connecticut General Statutes.

14-18. Paragraphs 13 through 17 of Count One are hereby incorporated and made paragraphs 14 through 18 of this Count Four as if fully set forth herein.

COUNT FIVE: (Allison VanDerMaelen v CWPM, LLC as to Negligence) 1-11.

Paragraphs 1 through 11 of Count One are hereby incorporated and made 18

paragraphs 1 through 11 of this Count Four as if fully set forth herein. 12. The defendant-owner, CWPM, LLC, was the owner of the waste management truck/vehicle operated by the defendant-driver Robert Choinski, and as such owner, and pursuant to C.G.S. Sec. 52-183, is liable and responsible for the actions of the defendant-driver, Robert Choinski. 13. On said date and at said time, the defendant CWPM, LLC, was in the business on providing refuse removal and recycling services to customers throughout the State of Connecticut. 14. On said date and at said time, the defendant, CWPM, LLC, owned, operated and maintained a fleet of vehicles including front loaders roll-off’s, side arms, tractors and trailers and employed individuals to operate said vehicle in furtherance of its business. 15.

On said date and at said time, the defendant, CWPM, LLC, had a duty to be

knowledgeable of and comply with all provisions of the Federal Motor Carrier Safety Regulations (“FMCSR”). 16. On said date and at said time, the defendant, Robert Choinski, was acting within the scope of his employment and under the direction and control of the defendant, CWPM, LLC. 17. On said date and at said time, the defendant, Robert Choinski, was acting in furtherance of the business of the defendant, CWPM, LLC. 18. At all times mentioned herein, the defendant, CWPM, LLC, was acting individually and/or through its agents, apparent agents, servants, employees, Board Members and/or officers. 19. This collision, and the resulting injuries and losses suffered by the Plaintiff, were caused by the negligence and carelessness of the defendant-owner directly and/or acting 19

through Robert Choinski and/or its agents, servants and/or employees in that he/they:

a. failed to properly monitor the service hours of its drivers, including Robert Choinski, to ensure compliance with the FMCSR, including hours of service regulations governing drivers of vehicles as set forth in 49 C.F.R. 395, when reasonable care required it to do so; b. failed to properly enforce the service hours of its drivers, including Robert Choinski, to ensure compliance with the FMCSR, including hours of service regulations governing drivers of vehicles as set forth in 49 C.F.R. 395, when reasonable care required it to do so; c. permitted Robert Choinski to operate a commercial motor vehicle in violation of the hours of service requirements set forth in 49 C.F.R. 395, although it was unreasonable to do so; d. failed to properly monitor the ability or alertness, through fatigue or illness, of its drivers, including Robert Choinski, to ensure compliance with 49 C.F.R. § 392.3, when reasonable care required it to do so; e. permitted Robert Choinski to operate a commercial motor vehicle, while his ability or alertness was so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him to begin or continue to operate the commercial motor vehicle 49 C.F.R. § 392.3, although it was unreasonable to do so; f. permitted Robert Choinski to operate the waste management truck/vehicle when he was not qualified to operate said vehicle; g. permitted Robert Choinski to operate the waste management truck/vehicle when he was not licensed to operate said vehicle; h. permitted the Robert Choinski to operate the waste management truck/vehicle when he was not properly trained to operate said vehicle; i. permitted the Robert Choinski to operate the waste management truck/vehicle without proper supervision, testing and evaluation to confirm the defendant-driver was able to safely and properly handle and/or operate said vehicle; and 20

j. instructed drivers, and the defendant-driver, Robert Choinski, to cut the corner and not slow or stop prior to initiating a change of direction so the large heavy vehicle will maintain vehicle momentum when changing direction. 20-24. Paragraphs 13 through 17 of Count One are hereby incorporated and made paragraphs 20 through 24 of this Count Five as if fully set forth herein.

COUNT SIX: (Allison VanDerMaelen v. CWPM, LLC as to Common Law Recklessness) 1-13.

Paragraphs 1 through 13 of Count Two are hereby incorporated and made

paragraphs 1 through 13 of this Count Six as if fully set forth herein. 14. The defendant-owner, CWPM, LLC, was the owner of the waste management truck/vehicle operated by the defendant-driver Robert Choinski, and as such owner, and pursuant to C.G.S. Sec. 52-183, is liable and responsible for the reckless actions of the defendant-driver, Robert Choinski. 15. On said date and at said time, the defendant, CWPM, LLC, was in the business of providing refuse removal and recycling services to customers throughout the state of Connecticut. 16. On said date and at said time, the defendant, CWPM, LLC, owned, operated and maintained a fleet of vehicles including front loaders, roll-offs, side arms, tractors and trailers and employed individuals to operate said vehicles in furtherance of it business. 17.

On said date and at said time, the defendant, CWPM, LLC, had a duty to be

knowledgeable of, and comply with, all provisions of the Federal Motor Carrier Safety Regulations (“FMCSR”). 18. On said date and at said time, the defendant, Robert Choinski, was acting within the 21

scope of his employment and under the direction and control of the defendant, CWPM, LLC. 19. On said date and at said time, the defendant, Robert Choinski, was acting in furtherance of the business of the defendant, CWPM, LLC. 20. At all times mentioned herein, the defendant, CWPM, LLC, was acting individually and/or through its agents, apparent agents, servants and/or employees. 21. At all times mentioned herein, the defendant, CWPM, LLC, created and had a system in place for the operation of its business where the custom and practice of the defendant, CWPM, LLC was to instruct and require it’s employee drivers to operate commercial vehicles for time periods in excess of the FMCSR with inadequate breaks, rest and/or time away from the trucks in violation of the FMCSR, and required and/or forced drivers, as a part of the required duties, and as a requirement to continue with employment at the defendant, CWPM, LLC as a driver, to abide by the company instructions and custom and practice of excess time period driving assignments and inadequate break time, all in known violation of the FMCSR, and the defendant, CWPM, LLC knew and intentionally forced drivers, as a requirement of continued employment, who were fatigued, tired and unable to safely operate commercial vehicles to continue to drive the commercial vehicles on public roadways, thereby creating a fleet of fatigued, impaired and dangerous drivers who were unable to safely operate vehicles on the public roadways. 22. At all times herein, the defendant owner, CWPM, LLC , was aware of the defendant driver co-defendant, Robert Choinski’s history and propensity for driving and operating motor vehicles at excessive speed and operating motor vehicles in a reckless manner, and knew and was 22

aware that defendant driver co-defendant, Robert Choinski, was operating a vehicle while fatigued and impaired from excess driving hours and that the truck he was operating had defective brakes and/or other defective safety features, and knew or should have known that requiring and/or permitting the defendant driver co-defendant, Robert Choinski to operate a commercial vehicle in violation of Federal Safety standards, and while fatigued and impaired placed those around him at substantial risk of serious injury and would create a high likelihood of accident and injury to other motorists around him, including the plaintiff, yet ignored that risk and directed the defendant driver co-defendant, Robert Choinski to operate a commercial vehicle. 23. This collision, and the resulting injuries and losses suffered by the plaintiff, were due to the recklessness of the defendant owner, CWPM, LLC, directly and/or acting through defendant driver co-defendant, Robert Choinski, permitting and/or directing the defendant driver to operate a commercial motor vehicle when they knew or should have known their conduct was reckless in that:

a.

the defendant deliberately and knowingly and with reckless disregard, did not monitor the service hours of its drivers, including Robert Choinski to ensure compliance with the FMCSR, including hours of service regulations governing drivers of vehicles as set forth in 49 C.F.R. 395, when they knew, or should have known, their drivers employees were operating trucks upon the highway in violation of the hours of service requirements, and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around these drivers and around Robert Choinski, including the plaintiff;

b.

the defendant deliberately and knowingly and with reckless disregard, did not enforce the service hours of its drivers, including Robert Choinski, to ensure compliance with the FMCSR including hours of service regulations 23

governing drivers of vehicles as set forth in 49 C.F.R. 395 when they knew, or should have known, their driver employees were operating trucks upon the highway in violation of the hours of service requirements, and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around these drivers and around Robert Choinski, including the plaintiff; c.

the defendant deliberately and knowingly and with reckless disregard, required or permitted Robert Choinski to operate a commercial motor vehicle in violation of the hours of service requirements as set forth in 49 C.F.R. 395 when they knew, or should have known, their driver employees were operating trucks upon the highway in violation of the hours of service requirements, and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around these drivers and around Robert Choinski, including the plaintiff;

d.

the defendant deliberately and knowingly and with reckless disregard, did not monitor the ability or alertness, through fatigue or illness, of its drivers, including Robert Choinski to ensure compliance with 49 C.F.R. §392.3 when they knew, or should have known, their drivers employees were operating trucks upon the highway in when they drivers were fatigued and/or impaired, and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around these drivers and around Robert Choinski, including the plaintiff;

e.

the defendant deliberately and knowingly and with reckless disregard, required, directed and/or permitted Robert Choinski to operate a commercial motor vehicle when they knew, or should have known, that his ability and/or alertness was so impaired, or so likely to become impaired through fatigue, illness, or any other cause as to make it unsafe for him to begin or continue to operate the commercial motor vehicle 49 C.F.R. §392.3 and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around Robert Choinski, including the plaintiff;

f.

the defendant deliberately and knowingly and with reckless disregard encouraged its drivers, including Robert Choinski, to violate the hours of service regulations governing drivers of vehicles as set forth in 49 C.F.R.§392.3 when they knew, or should have known, their driver 24

employees were operating trucks upon the highway in violation of the hours of service requirements, and that they were or would become fatigued and/or impaired and unable to safely operate a commercial motor vehicle, and that doing created a high likelihood of accident and injury to other motorist and would endanger the lives of those around these drivers and around Robert Choinski, including the plaintiff; g.

the defendant deliberately and knowingly and with reckless disregard, encouraged its drivers, including Robert Choinski, to operate a commercial motor vehicle, while his ability or alertness was so impaired, or so likely to become impaired, through fatigue or illness, in violation of 49 C.F.R. §392.3, when they knew, or should have known, their driver employees were operating trucks upon the highway in violation and that they were fatigued and/or impaired and unable to safely operate a commercial motor vehicle, and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around these drivers and around Robert Choinski, including the plaintiff; and

h.

the defendant deliberately and knowingly and with reckless disregard created a system and custom and practice requiring its drivers, including Robert Choinski, to violate the hours of service regulations governing drivers of vehicles as set forth in 49 C.F.R.§392.3 when they knew, or should have known, their driver employees were operating trucks upon the highway in violation of the hours of service requirements, and that they were or would become fatigued and/or impaired and unable to safely operate a commercial motor vehicle, and that doing so created a high likelihood of accident and injury to other motorist and would endanger the lives of those around these drivers and around Robert Choinski, including the plaintiff;

24. All of the aforementioned violations were engaged in by the defendant, CWPM, LLC, either deliberately or with reckless disregard as to the consequence, and/or with full knowledge that they were acting in a reckless manner, and their actions were a substantial factor in causing injury to the plaintiff. 25

25. As a result of this collision, caused by the recklessness of the defendant, CWPM, LLC, the Plaintiff suffered the following injuries set forth below, some of which injuries, or the effects thereof, being permanent in nature: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. w. x. y. z. aa. bb. cc. dd. ee. ff. gg. hh.

Cervical strain/sprain Thoracic strain/sprain Lumbar sprain/strain Traumatic brain injury Cerebral edema Right Subdural hematoma Bilateral frontal subarachnoid hemorrhage Right temporal subarachnoid hemorrhage Left Pontine/brainstem hemorrhage Left frontal brain contusion Intraventricular brain hemorrhage Right pulmonary contusion Chest trauma Pneumothorax Hypoxia Respiratory failure requiring intubation Rib fractures Three-part left comminuted/open and displaced femur fractures Open reduction internal fixation of femur fractures Placement intramedullary rod/nail left femur Left intertrochanteric hip fracture Open reduction internal fixation of pelvic/hip fractures Right ulna fracture Headaches; Concussion and post-concussion syndrome Memory loss Cognitive deficits Left anterior thigh laceration/wound measuring 10 cm x 7 cm Left lateral tibia laceration/wound measuring 10 cm x 10 cm Left anterior tibia laceration/wound measuring 12 cm Left anterior tibia laceration/wound measuring 2cm x 1 cm Left patella laceration/wound measuring 1 cm x 1 cm Left comminuted/open patella fracture Traumatic arthrotomy of the left knee 26

ii. jj. kk. ll. mm nn. oo. pp. qq. rr. ss. tt. uu. vv. ww. xx. yy. zz. aaa bbb. ccc. ddd. eee. fff. ggg. hhh. iii. jjj.

Left comminuted/open and displaced tibia plateau fracture Left tibial shaft fracture Open reduction internal fixation of tibia plateau fracture Placement intramedullary rod/nail tibial shaft fracture Proximal and distal fractures of the left fibula Left elbow fracture Vascular injury left anterior tibial artery lower leg Vascular injury left posterior tibial artery lower leg Avulsion injury calf/anterior tibial tissues of the left lower leg Multiple contusions, abrasions and injury left leg Multiple contusions, abrasions and injury left arm Multiple contusions, abrasions and injury left chest, abdomen and torso; Multiple contusions, abrasions and injury left face and head Facial trauma, contusions and lacerations Laceration left lateral orbital area measuring 4 cm Scalp trauma, contusions and lacerations Multiple open wounds/lacerations of let lower leg Significant blood loss Hypotension Multiple wound infections Incision, drainage and debridement of wound infections Skin grafting of open wounds with autologous grafts Left ankle injury Left knee injury to tendons and ligaments Left leg weakness Left leg neurologic damage Gait disturbance/abnormality Psychological and emotional anxiety and distress

26-29. Paragraphs 14 through 17 of Count One are hereby incorporated and made paragraphs 26 through 29 of this Count Six as if fully set forth herein.

COUNT SEVEN: (Allison VanDerMaelen v. CWPM, LLC as to Negligent Hiring, Training and Retention) 1-18.

Paragraphs 1 through 18 of Count Five are hereby incorporated and made

paragraphs 1 through 18 of this Count Seven as if fully set forth herein. 27

19.

At some time Prior to the motor vehicle accident on July 15, 2016, the defendant

CWPM, LLC acting through it agents, apparent agents, servants, employees, board members and/or officers hired the defendant Robert Choinski, without investigating and/or determining whether he was fit, competent and/or qualified to perform the services required for his employment, specifically, but not limited to operation of a commercial truck and/or refuse removal (garbage/recycling) truck. 20. At all times mentioned herein, the defendant, CWPM, LLC, created and had a system in place for the operation of its business where the custom and practice of the defendant, CWPM, LLC was to instruct and require it’s employee drivers to operate commercial vehicles for time periods in excess of the FMCSR with inadequate breaks, rest and/or time away from the trucks in violation of the FMCSR, and required and/or forced drivers, as a part of the required duties, and as a requirement to continue with employment at the defendant, CWPM, LLC as a driver, to abide by the company instructions and custom and practice of excess time period driving assignments and inadequate break time, all in known violation of the FMCSR, and the defendant, CWPM, LLC knew and intentionally forced drivers, as a requirement of continued employment, who were fatigued, tired and unable to safely operate commercial vehicles to continue to drive the commercial vehicles on public roadways, thereby creating a fleet of fatigued, impaired and dangerous drivers who were unable to safely operate vehicles on the public roadways. 21. This collision, and the resulting injuries and losses suffered by the plaintiff, were

28

due to the failure of the defendant owner, CWPM, LLC, directly and/or acting through its agents, apparent agents, servants, employees, board members and/or officers, to properly hire and/or train persons to perform the job duties of a commercial truck operator, including but not limited to refuse removal trucks, in one or more of the following ways: a.

the defendant, CWPM, LLC, failed to ask for a resume and reference of the defendant, Robert Choinski;

b.

the defendant, CWPM, LLC, offered the defendant, Robert Choinski, a driving position at their companies when they knew or should have known he was unfit to operate a truck;

c.

the defendant, CWPM, LLC, failed to test the abilities of the defendant, Robert Choinski, in the operation of the truck he would be operating, including executing left hand turns;

d.

the defendant, CWPM, LLC, failed to conduct a background check on Robert Choinski prior to hiring him;

e.

the defendant, CWPM, LLC, failed to ascertain prior driving history of Robert Choinski;

f.

despite learning of prior moving violations, the defendant, CWPM, LLC, hired Robert Choinski;

g.

the defendant, CWPM, LLC, failed to contact and obtain information from former employers, employees and references of Robert Choinski;

h.

the defendant, CWPM, LLC, failed to examine Robert Choinski’s resume or references;

i.

the defendant, CWPM, LLC, failed to evaluate and/or determine that Robert Choinski was competent and/or unfit to safely operate a commercial truck and hired Mr. Choinski anyway;

j.

the defendant, CWPM, LLC, failed to evaluate and/or determine that Robert Choinski would fail to safely and/or properly execute a left-hand turn with a motorcycle traveling in the oncoming direction; 29

k.

the defendant, CWPM, LLC, reasonable knew or should have known that Robert Choinski would fail to obtain adequate rest while in the operation of his truck;

l.

the defendant, CWPM, LLC, reasonable knew or should have known that Robert Choinski would fail to warn persons, including the plaintiff, of his left hand turn;

m. the defendant, CWPM, LLC, failed to evaluate and/or determine Robert Choinski’s knowledge and abilities in the proper and safe operation of a truck; n.

the defendant, CWPM, LLC, failed to property train Robert Choinski in the proper and safe operation of a truck;

o.

the defendant, CWPM, LLC, failed to train and/or educate Robert Choinski regarding compliance with Federal Motor Carrier Safety Regulations;

p.

the defendant, CWPM, LLC, failed to train and/or educate Robert Choinski regarding compliance with the applicable Connecticut Commercial Driver’s License manual;

q.

the defendant, CWPM, LLC, permitted Robert Choinski to operate a waste management truck/vehicle when he was not qualified to operate said vehicle;

r.

the defendant, CWPM, LLC, permitted Robert Choinski to operate the waste management truck/vehicle when he was not licensed to operate said vehicle;

s.

the defendant, CWPM, LLC, permitted Robert Choinski to operate the waste management truck/vehicle when he was not properly trained to operate said vehicle;

t.

the defendant, CWPM, LLC, permitted Robert Choinski to operate the waste management truck/vehicle without proper supervision, testing and evaluation to confirm the defendant-driver was able to safely and properly handle and/or operate said vehicle; and

u.

the defendant, CWPM, LLC, instructed and/or trained drivers, and Robert Choinski, to cut the corner and not slow or stop prior to initiating a change of direction so the large heavy vehicle will maintain vehicle momentum 30

when changing direction. v.

the defendant, CWPM, LLC, instructed and/or trained drivers, and Robert Choinski, to drive and operate commercial vehicles, as its required custom and practice, for excess time periods and without appropriate break time, and while fatigued and unable to safely operate a vehicle, in violation of the Federal Motor Carrier Safety Regulations

22-26. Paragraphs 13 through 17 of Count One are hereby incorporated and made paragraphs 22 through 26 of this Count Seven as if fully set forth herein.

COUNT EIGHT: (Jenna VanDerMaelen PPA Allison VanDerMaelen v Robert Choinski as to Loss of Parental Consortium) 1-17.

Paragraphs 1 through 17 of Count One are hereby incorporated and made

paragraphs 1 through 17 of this Count Eight as if fully set forth herein. 18. The Plaintiff, Jenna VanDerMaelen is the daughter and natural born child of the plaintiff, Allison VanDerMaelen. 19. On the date of the motor vehicle accident, July 15, 2016, Jenna VanDerMaelen was and still is a minor. 20. As a result of the negligence, carelessness, wrongful acts and omissions of the defendant, Robert Choinski, the plaintiff Jenna VanDerMaelen has suffered the loss of parental consortium of her mother the plaintiff, Allison VanDerMaelen and suffered the loss and/or damage of parent-child relationship, including but not limited to services, attention, love, guidance and companionship.

31

COUNT NINE: (Jenna VanDerMaelen PPA Allison VanDerMaelen v CWPM, LLC as to Loss of Parental Consortium as to Vicarious liability) 1-18.

Paragraphs 1 through 18 of Count Four are hereby incorporated and made

paragraphs 1 through 18 of this Count Nine as if fully set forth herein. 19. The Plaintiff, Jenna VanDerMaelen is the daughter and natural born child of the plaintiff, Allison VanDerMaelen. 20. On the date of the motor vehicle accident, July 15, 2016, Jenna VanDerMaelen was and still is a minor. 21. As a result of the negligence, carelessness, wrongful acts and omissions of the defendant, CWPM, LLC, the plaintiff Jenna VanDerMaelen has suffered the loss of parental consortium of her mother the plaintiff, Allison VanDerMaelen and suffered the loss and/or damage to the parent-child relationship, including but not limited to services, attention, love, guidance and companionship.

COUNT TEN: (Jenna VanDerMaelen PPA Allison VanDerMaelen v CWPM, LLC as to Loss of Parental Consortium as to Negligence) 1-24.

Paragraphs 1 through 24 of Count Five are hereby incorporated and made

paragraphs 1 through 24 of this Count Ten as if fully set forth herein. 25. The Plaintiff, Jenna VanDerMaelen is the daughter and natural born child of the plaintiff, Allison VanDerMaelen.

32

26. On the date of the motor vehicle accident, July 15, 2016, Jenna VanDerMaelen was and still is a minor. 27. As a result of the negligence, carelessness, wrongful acts and omissions of the defendant, CWPM, LLC, the plaintiff Jenna VanDerMaelen has suffered the loss of parental consortium of her mother the plaintiff, Allison VanDerMaelen and suffered the loss and/or damage to the parent-child relationship, including but not limited to services, attention, love, guidance and companionship.

COUNT ELEVEN: (Jenna VanDerMaelen PPA Allison VanDerMaelen v CWPM, LLC as to Loss of Parental Consortium as to Negligent, Hiring, Training and Retention) 1-26.

Paragraphs 1 through 26 of Count Seven are hereby incorporated and made

paragraphs 1 through 25 of this Count Eleven as if fully set forth herein. 27. The Plaintiff, Jenna VanDerMaelen is the daughter and natural born child of the plaintiff, Allison VanDerMaelen. 28. On the date of the motor vehicle accident, July 15, 2016, Jenna VanDerMaelen was and still is a minor. 29. As a result of the negligence, carelessness, wrongful acts and omissions of the defendant, CWPM, LLC, the plaintiff Jenna VanDerMaelen has suffered the loss of parental consortium of her mother the plaintiff, Allison VanDerMaelen and suffered the loss and/or damage to the parent-child relationship, including but not limited to services, attention, love, guidance and companionship. 33

Wherefore, the Plaintiff claims: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Monetary relief as to Count One; Double/Treble damages as to Count Two; Punitive damages and attorney’s fees as to Count Three; Monetary relief as to Count Four; Monetary relief as to Count Five; Punitive damages and attorney’s fees as to Count Six; Monetary relief as to Count Seven; Monetary relief as to Count Eight; Monetary relief as to Count Nine; Monetary relief as to Count Ten; Monetary relief as to Count Eleven; and Such other and further relief as the Court deems appropriate.

THE PLAINTIFFS:

By:____________________ Robert Messey, Esq. McEnery, Price, Messey and Sullivan, LLC 344 West Main Street Milford, CT 06460 Tel. No: 203-283-3340 Juris No: 435712

34

DOCKET NO: NNH-CV-16-6065607S

:

SUPERIOR COURT

ALLISON VANDERMAELEN, ET AL

:

J.D. OF NEW HAVEN

VS.

:

AT NEW HAVEN

ROBERT CHOINSKI, ET AL

:

MARCH 13, 2018

STATEMENT OF AMOUNT IN DEMAND The amount in demand is greater than $15,000.00, exclusive of interest and costs.

THE PLAINTIFFS:

By:____________________ Robert Messey, Esq. McEnery, Price, Messey and Sullivan, LLC 344 West Main Street Milford, CT 06460 Tel. No: 203-283-3340 Juris No: 435712

35