Employer Pays $6.1 Million for Deceased Employee's Car Accident
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a large settlement for a car accident case.
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In the case of Ambrosio v. AWAC Services Co., a woman who spent months in the hospital following a head-on car collision that claimed the life of the other driver filed a lawsuit suit against the other driver’s employer.
On the morning of Nov. 23, 2011, the day before Thanksgiving, Ashley Kozlosky, 24, was traveling west on Route 6 in Farmington in a dark blue Nissan Versa owned by her stepfather. Kozlosky was on her way to a business meeting for the company she worked for, AWAC Services Co. While going around a sharp left curve, Kozlosky inexplicably crossed the double yellow lines into the eastbound lane, driving directly into the path of a vehicle driven by Jeanne Ambrosio, 54, a nurse at Capital Community College. The police investigation determined that Kozlosky was perhaps driving too fast for the conditions, as the posted speed limit was 45 mph and there was a yellow caution sign warning of the sharp curve. The plaintiff’s attorney said the legal case had a lot of “twists and turns,” especially with regard to vicarious liability claims against Kozlosky’s employer. Ambrosio argued that Kozlosky was driving her vehicle that morning as an employee of AWAC Services and was within the scope of her employment. Ambrosio’s attorney acknowledged that typically someone driving to or from work is not considered within the scope of their employment for liability purposes. However, he said circumstances unique to this case made that argument possible. Among them was that Kozlosky had been working out of AWAC’s New York City office even though she was from Connecticut and was still reporting to a supervisor in the Farmington office. Also, Ambrosio’s attorney said when he first started conversing with AWAC’s insurance carrier after the accident, he claims he was told there was coverage for Kozlosky because she was in the scope of her employment in that she was going to a meeting at the Farmington office. Further, according to the attorney, Kozlosky’s mother had made a workers’ compensation claim for death benefits in New York because the accident occurred during the scope of her employment. The Ambrosios deposed the insurance company’s claim adjuster and were able to view a file that revealed internal correspondence in which the insurance company admitted liability.
Jeanne Ambrosio suffered numerous spinal fractures and left ankle fractures that required several surgical procedures. She also suffered sternal and rib fractures and internal injuries, including pulmonary and cardiac contusions and punctured lungs. Her total medical bills exceed $1 million. As part of the lawsuit, her husband, Antonio, made a loss of consortium claim. The parties conducted several days’ worth of mediation session before retired Superior Court Judge Elaine Gordon. A settlement was made in favor of Ambrosio for the amount of $6.1 million.
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: Jeff Forte, Top Connecticut Verdicts & Settlements of 2015, CONN. LAW TRBN. at 8 (July 2016) discussing Jeanne and Antonio Ambrosio v. AWAC Services Co.