Case Background
This legal action began when Joanne Cunningham filed a personal injury lawsuit against Diane Turchiano in the Superior Court of Connecticut, Judicial District of Waterbury. The case originated from a motor vehicle accident that took place in the town of Southbury in early 2021. Cunningham, a resident of Woodbury, sought monetary relief for physical injuries, property damage, and a general loss of life's enjoyment following the incident. The legal proceedings moved through the Court system for over two years, beginning with the initial complaint in January 2023 and culminating in a jury trial that concluded in February 2025.
Cause
On March 2, 2021, at approximately 7:40 p.m., Joanne Cunningham drove her vehicle south on South Britain Road toward the intersection with Roxbury Road. She reached the intersection and came to a complete stop at the stop sign. At that same time, Diane Turchiano traveled east on Roxbury Road. As Cunningham proceeded through the intersection, Turchiano entered at a high rate of speed without stopping at her own stop sign. Turchiano drove her vehicle directly into Cunningham's car. Cunningham later alleged that Turchiano’s failure to obey the traffic signal and her lack of proper control over her vehicle caused the entire collision.
Injury
The collision left Joanne Cunningham with a variety of physical ailments and long-term health concerns. She suffered cervical and lumbar sprains and strains, both of which involved radiculopathy—nerve pain radiating from her spine. Additionally, she sustained a right shoulder sprain and a thoracic sprain affecting her upper back. Beyond the localized pain, she dealt with persistent headaches. Cunningham stated that these injuries, or their lasting effects, were permanent in nature. The physical trauma also led to an increased likelihood that she would need medical treatment in the future, creating a sense of fear regarding her recovery.
Damages Sought
Cunningham filed a lawsuit seeking monetary relief for the extensive losses she experienced. In her complaint, she demanded compensation for the physical pain and mental suffering she endured. She also sought to recover medical expenses she had already incurred and those she expected to face in the future. Beyond personal injury, she claimed property damage for the harm done to her vehicle, as well as the loss of its use and its overall diminution in value. Furthermore, she requested damages for the loss of her ability to enjoy life’s leisure activities and the general inconvenience caused by handling the aftermath of the crash.
Legal Representation
Plaintiff(s): Joanne Cunningham
· Counsel for Plaintiff(s): Luke Mario of the Carter Mario Law Firm
· Experts for Plaintiff(s): Charles Raftery | Christopher Spagnoletti | Mitchell Garden | Tamer Ghaly | Albert Diloreto | Carolyn Ajemian | Kenneth S. Allen | Marcus B. Conti | Andrea Crowley | Charles E. Raftery | Michael A. Dane | Katherine Kedzierski | Jason Simonides | Samuel Laurencin | Emily Cronin
Defendant(s): Diane Turchiano
· Counsel for Defendant(s): Sean Carew of the Law Offices of Meehan, Di Palma, Roberts & Turret
· Experts for Defendant(s): Jeffrey T. Pravda
Claims
The legal team for Joanne Cunningham argued that Diane Turchiano’s negligence served as the sole cause of the collision. They specifically pointed out that Turchiano violated Connecticut General Statutes by failing to stop at a clearly marked stop sign and by driving too fast for the road conditions. The Plaintiff's counsel argued that Turchiano failed to keep a proper lookout for other drivers and did not apply her brakes or steer her vehicle in a way that could have prevented the impact. Because of this lack of due care, the Plaintiff argued that the Defendant should be held fully responsible for the resulting injuries and permanent physical damage.
Defense
In response to the lawsuit, Diane Turchiano and her legal representative filed a formal answer that challenged the Plaintiff's version of events. Turchiano admitted she lived in Southbury and owned the vehicle she was driving, but she claimed she did not have enough information to confirm the specific details of Cunningham’s movements or the exact timing of the crash. Most importantly, the defense flatly denied all allegations and inferences of negligence. They also denied that the collision caused the specific injuries and losses that Cunningham described in her complaint. By leaving the Plaintiff to her "proof," the defense required Cunningham to convince a jury that Turchiano was at fault.
Jury Verdict
The trial took place at the Superior Court in the Judicial District of Waterbury. After listening to the evidence presented by both sides, the jury reached a decision on February 2, 2025. The Court officially accepted and recorded the verdict on February 5, 2025.
The jury found in favor of the Plaintiff, Joanne Cunningham, and against the Defendant, Diane Turchiano. They determined that Turchiano was responsible for the accident and that Cunningham deserved compensation for her non-economic damages. The jury broke down the award into several specific categories to account for the different ways the accident affected the Plaintiff’s life:
Physical Pain and Suffering: $80,000
Mental/Emotional Suffering: $25,000
Loss or Diminution to Enjoy Life's Pleasures: $25,000
Permanent Injury: $220,000
In total, the jury awarded Joanne Cunningham $350,000 in damages. The foreperson, Reed Roal, signed the verdict form, confirming the group's decision that the Defendant’s negligence had caused substantial and lasting harm to the Plaintiff
Court Documents
