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Cellphone Records Help Crash Survivor Secure $18.6M Award

Connecticut plaintiff and defense attorneys have agreed on a total award of $18,653,570 for a Pennsylvania man who suffered back and neck injuries after a tractor-trailer rear-ended his car in Westport in 2014.

A Stamford Superior Court jury in May awarded Jorge Amparo $14.2 million and his wife, Diva, about $800,000 for loss and future loss of consortium for a total award of $15 million. Both sides then filed postverdict motions. The defense was looking to set aside the verdict and reduce the amount, while the plaintiff’s side was seeking interest on the jury award.

But plaintiff counsel Brenden Leydon, a partner with Stamford-based Wocl Leydon, told the Connecticut Law Tribune Friday he believed the defense agreed on the $18.65 million in damages because of possible misconduct on the part of Evans Delivery Co., the trucking company that employed defendant driver Jose Ayala. The defense settled before a ruling on their postverdict motions were made.

“There were documents related to the trucking company’s cellphone policy that were not described accurately. The company’s own policy barred the use of a cellphone, even hands-free, by its driver. They gave misleading information during the discovery process.”

Phone records, Leydon said, showed Ayala was using his phone via Bluetooth at the time of the accident.

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