Dzienis v. PIgs Eye Pub et al
Oct 03, 2013OUTCOME: After five days of trial and four hours of jury deliberation, the jury returned a defendant's verdict on all counts. As there were no blood alcohol tests and witness observations were contradictory, liability was a difficult issue for the plaintiff.
Plaintiff Requesting $14 Million in Damages Results in Unanimous Verdict for the Defense New Britain Superior Court, Judicial District of New Britain Judge: The Honorable Joseph M. Shortall Plain ... tiff's Attorney: Edward W. Case, Esq., Hartford, CT Defendant's Attorney: Jan C. Trendowski, Centerbrook, CT The Plaintiff, Nicole Dzienis, was a passenger in a vehicle operated by Lindsey Duhaine in Newington, CT. They met at the Elbow Room in West Hartford, then left with another friend to go the defendant Pigs Eye Pub in Hartford. The plaintiff felt ill and stayed in the car, but Ms. Duhaine and Ms. Pinches went into the bar where they drank and socialized for an hour or two. Ms. Duhaine was under age but presented a Connecticut driver's license to the doorman and was admitted. On the way home, Ms. Duhaine was texting on her cell phone and rear ended a stopped vehicle, pushing it into another stopped car. Ms. Duhaine told the investigating officer she was texting, the officer detected no indicia of intoxication, and no blood alcohol tests were done. Ms. Duhaine died in an unrelated collision roughly two months later. The plaintiff, age 26 at the time of trial, suffered 3 shattered cervical vertebrae and was rendered a quadriplegic. Over time, she regained some use of her left arm, but has no use of the right arm and is without sensation from the chest down. She is permanently disabled from her employment as a graphic designer and will require assistance for the rest of her life. The plaintiff brought claims against Ms. Duhaine, the drivers of the stopped vehicles, The Elbow Room, and Pigs Eye Pub. The Elbow Room got out via summary judgment, as the amount served and time served were too removed from the collision. The plaintiff settled with all drivers. The case proceeded to trial against Pigs Eye Pub and its permittee, William Morrissey only. The claims were a statutory Dram Shop claim and negligent sale of alcohol to a minor. The plaintiff fileld an offer in compromise in the amount of $500,000 early on, but increased the demand to $900,000 at the time of trial. The plaintiff requested over $14 million from the jury including economic and non economic damages. There were no offers.
