The defendant was operating a Toyota Camary on Route 8 North in Seymour Connecticut during a rain storm. The defendant operator, from Waterbury, Connecticut, drove into a rain puddle which caused a spin out into a jersey barrier after the defendant's automobile hydroplaned. The defendant's rate of speed was arguably excessive for the weather conditions but it did rise to a level of recklessness. The plaintiff passenger was also from Waterbury, Connecticut. The plaintiff passenger was 24 years of age with a 53.5 year life expectancy. He suffered cervical strain, low back strain, thoracic strain and a L5-S1 herniated disc. The herniated disc did not require surgery. The plaintiff underwent chiropractic care. There was minimal wage loss. The plaintiff passenger worked as a cell phone salesman. The plaintiff's medical bills were approximately $11,000.00 partially paid by automobile medical pay coverage. The plaintiff's chiropractic physician assigned a seven percent low back impairment under the Sixth Edition of the AMA Guide. The plaintiff also saw neurosurgeon Dr. Alan Waitze from NOSS of Waterbury, Connecticut who suggested injection therapy but no surgery. The defendant carrier tendered the full $50,000.00 policy limits. There were no underinsured motorist proceeds available to the plaintiff passenger.
