Case Background
Joanne Cunningham was a resident of Woodbury, Connecticut. Diane Turchiano lived in Southbury, Connecticut. On March 2, 2021, around 7:40 p.m., both individuals were driving in Southbury. Joanne drove south on South Britain Road, approaching its intersection with Roxbury Road. Diane drove east on Roxbury Road toward the same intersection.
Cause
Joanne reached the intersection and came to a full stop at her stop sign. She then entered the intersection. At that moment, Diane approached from the east and entered without stopping. She traveled at high speed and struck Joanne’s vehicle. According to the plaintiff, Diane failed to stop, brake, steer clear, or control her vehicle. She allegedly violated multiple traffic laws, including running a stop sign and driving too fast for the conditions.
Injury
The crash left Joanne with several physical injuries. These included neck and back strains with radiculopathy, a right shoulder strain, and frequent headaches. She also suffered a thoracic sprain. The plaintiff claimed some of these injuries were permanent. They significantly impacted her physical health and day-to-day well-being.
Damages
Joanne reported ongoing pain and emotional distress. She feared future health complications and medical treatments. The incident also affected her ability to enjoy recreational activities. According to the complaint, her quality of life had declined because of the collision.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Joanne Cunningham
Counsel for Plaintiff: Carter Mario Law Firm
Expert Witness for Plaintiff: Christopher Spagnoletti | Mitchell Garden | Tamer Ghaly | Carolyn Ajemian | Michael A. Dane | Albert Diloreto | Kenneth S. Allen | Marcus B. Conti | Andrea Crowley | Charles E. Raftery | Michael A. Dane
Defendant: Diane Turchiano
Counsel for Defendant: Meehan Di Palma Roberts & Turret Law Office
Expert Witness for Defendant: Jeffrey T. Pravda
Claims
Negligence and Carelessness
Diane Turchiano bore responsibility for the March 2, 2021 collision involving Joanne Cunningham. Turchiano operated her vehicle eastbound on Roxbury Road in Southbury, Connecticut. She entered the intersection with South Britain Road without stopping at a stop sign and struck Cunningham’s vehicle. Turchiano failed to obey traffic control, drove too fast for the conditions, and did not take evasive action to prevent the crash. Her actions demonstrated negligence and carelessness in operating a motor vehicle.
Physical and Emotional Injuries
The impact caused injuries to Cunningham’s neck, back, right shoulder, and head. She experienced radiculopathy, sprains, and ongoing headaches. The injuries caused physical pain and emotional distress. Cunningham’s ability to carry out normal daily and leisure activities declined. Some injuries appeared to be long-lasting or permanent in nature.
Economic Damages
Cunningham faced medical costs for diagnosis and treatment. She anticipated future medical needs due to the injuries. Her physical condition interfered with her ability to work and enjoy life, contributing to a loss of earning capacity and increased expenses.
Compensation
Cunningham sought full compensation for her physical, emotional, and financial harm. She requested a jury trial to decide all contested matters.
Defense
Diane Turchiano denied all material allegations of liability and negligence in Joanne Cunningham’s complaint. She admitted operating a motor vehicle on Roxbury Road in Southbury, Connecticut, on the date and time of the incident, as well as owning the vehicle involved. However, she denied any negligence and asserted that she lacked sufficient information to confirm the plaintiff’s version of events, including whether Cunningham stopped at the stop sign or proceeded lawfully through the intersection.
Turchiano challenged the plaintiff’s claims of causation and injury, leaving Cunningham to her burden of proof. She specifically denied any breach of statutory duties or failure to operate her vehicle with due care. Additionally, Turchiano disputed the nature, extent, and permanency of the plaintiff’s alleged injuries and damages, rejecting any inference that her conduct was the proximate cause of those harms.
She further denied any entitlement to damages as claimed by the plaintiff and maintained that all injuries or losses, if proven, were not caused by her actions.
Jury verdict
On February 5, 2025, the jury returned a verdict in favor of the plaintiff, Joanne Cunningham. After considering all evidence and arguments, the jury found that the defendant, Diane Turchiano, was liable for the injuries sustained by the plaintiff. The jury awarded $80,000 for physical pain and suffering, $25,000 for mental and emotional suffering, $25,000 for loss of enjoyment of life’s pleasures, and $220,000 for permanent injury, totaling $350,000 in non-economic damages.
