Verdict of $485,738 Following Pedestrian / Motor Vehicle Accident

In August, 2005, Attorney Michael P. Foley, Jr. was co-counsel in the case of Gerald Nadeau, et al vs. David Schreiner, et ai, which resulted in a plaintiffs’ verdict in the amount of$485,738.00. This case arose out of a motor vehicle accident involving Jordan Nadeau, who was then thirteen years of age, when he was struck by a motor vehicle while a guest at the home of David and Diane Schreiner of Brooklyn, Connecticut. As a result of the accident, Jordan sustained multiple injuries including a broken leg and an injury to the optic nerve of his left eye, which rendered him legally blind in the left eye. At the time of the accident, Jordan and several other boys were playing a game called manhunt, which is a hide and seek game played in the dark. While the boys were playing manhunt, Jordan attempted to cross Tatnic Road in front of the Schreiners’ home when he was struck by a motor vehicle operated by Daniel Merasco. The plaintiffs brought suit against both Daniel Merasco, the owner and operator of the vehicle, and Mr. and Mrs. Schreiner. The plaintiffs alleged that Mr. Merasco was operating his vehicle at an excessive rate of speed and that the Schreiners failed to properly supervise the manhunt game and failed to warn Jordan about the dangerous nature of the road. Prior to trial, Attorney Foley settled the claim with Mr. Merasco’s carrier for his automobile policy limits. Following a jury trial in Putnam Superior Court, the jury rendered a verdict for the plaintiffs in the amount of$485,738.00, reduced by Jordan Nadeau’s comparative negligence of 30%, resulting in a net award of $340,0 16.11. With Offer of Judgment interest, the total award was $411,953.00. This award, which was in excess of the Schreiners’ policy limits of $300,000.00, was paid in full by the Schreiners’ insurance company.

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