2006 Ct. Sup. 12588
No. CV03 0407160 SConnecticut Superior Court Judicial District of Fairfield at Bridgeport
July 11, 2006
MEMORANDUM OF DECISION ALTERNATIVE DISPUTE RESOLUTION
RICHARD E. ARNOLD, JUDGE.
On July 10, 2006, the parties submitted the present motor vehicle personal injury action to binding arbitration before this court and executed a Request and Stipulation for Referral to a Private Alternative Dispute Resolution (ADR) Provider. Said “Request and Stipulation” designated this court as the “ADR Provider” and further provided that the scope of the ADR would be “all issues,” including the determination of liability and damages. The “request” further provides that upon a decision, the case will be withdrawn without costs to either party and that the “award is final with no appeals.”
On July 10, 2006 the court conducted the binding arbitration hearing and heard evidence from several witnesses, including but not limited to the plaintiff and the defendant motor vehicle operator, Ellen Knapik. Additional evidence, including medical evidence was provided by way of deposition testimony and documentary exhibits.
The court having reviewed the testimony and the exhibits finds that the plaintiff has by a fair preponderance evidence proven one or more allegations of negligence by the defendant motor vehicle operator Ellen Knapik, and has additionally sustained her burden of prove as to proximate cause, injuries and damages. The court in making its determination of the facts has taken into consideration the various special defenses filed by the defendants alleging comparative negligence by the plaintiff.
Accordingly, the court hereby finds for the plaintiff, as against the defendants Ellen Knapik and Edward Knapik, and awards the plaintiff total money damages in the amount of Five Hundred Sixty-Nine Thousand, Seven Hundred Eighty and 0/00 Dollars ($569,780.00). CT Page 12589