Case Background
On May 7, 2018, a routine drive on Interstate 84 near Exit 40 in West Hartford, Connecticut, turned into a violent crash. Daniel DaSilva was driving westbound with his wife, Cristiane, in the passenger seat when a tractor-trailer owned by Bozzuto’s, Inc. and operated by its employee, Bertram H. Cousins, slammed into the rear of their car. The impact caused serious injuries to both Daniel and Cristiane.
The DaSilvas filed a lawsuit on February 23, 2020, claiming that Cousins drove carelessly and recklessly, and that Bozzuto’s bore responsibility as his employer. They sought damages for their medical costs, pain, and disruption to their lives. They also pursued statutory multiple damages, arguing that Cousins had driven with reckless disregard for safety.
The defense responded by denying fault and shifting blame. Their attorneys claimed that the DaSilvas contributed to their own injuries by failing to act as reasonably careful drivers and passengers.
The case moved through years of litigation before finally reaching trial. On May 17, 2024, a Hartford jury delivered its verdict.
Cause
The Plaintiffs argued two main causes:
Negligence – Cousins failed to stop in time, followed too closely, and drove too fast for conditions.
Recklessness – Cousins allegedly operated his vehicle in deliberate disregard of traffic laws, which, if proven, could trigger double or treble damages under Connecticut law.
Injury
Daniel DaSilva
Daniel’s injuries were extensive. He suffered cervical and lumbar sprains, a grade 3 shoulder dislocation, fractures of the coracoid and scapula, a laceration to the back of his head, and a concussion. Doctors recorded ongoing pain, muscle spasms, dizziness, headaches, and nausea. His right shoulder sustained a 12% permanent impairment. He also lost time from work and experienced lasting difficulty in daily activities.
Cristiane DaSilva
Cristiane endured her own set of painful injuries. She sustained cervical spine damage, including a C5-C6 disc protrusion, a chest wall contusion, and a collapsed lung. She suffered a concussion with severe headaches, lumbar sprain, dizziness, and nausea. Medical experts confirmed a 7% permanent impairment to her cervical spine. Like her husband, she reported long-term pain, loss of sleep, and reduced enjoyment of life.
Damages
The DaSilvas sought compensation for both economic and non-economic losses.
Economic damages included hospitalizations, diagnostic imaging, physical therapy, rehabilitation, and prescription medications. Both Plaintiffs lost work time, creating added financial strain.
Non-economic damages focused on their pain, emotional suffering, and permanent restrictions on daily life and mobility.
Statutory damages were also requested, as the Plaintiffs argued that Cousins’ reckless conduct justified doubling or tripling the award.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Daniel DaSilva | Cristiane DaSilva
· Counsel for Plaintiff(s): Lawyer A. Twillie II
· Experts for Plaintiff(s): Ralph Cardia | Scott Organ
Defendant(s): Bertram H. Cousins | Bozzuto’s, Inc.
· Counsel for Defendant(s): Daniel S. Corde | Marshall Dennehey
Claims Asserted
Plaintiffs’ counsel painted a straightforward story: a professional truck driver failed in his duty to control his rig. They argued that Cousins had been following too closely, driving at an unreasonable speed, and failing to brake in time, all in violation of traffic laws.
The Plaintiffs emphasized the permanent injuries both Daniel and Cristiane carried from the crash. Doctors’ reports detailed fractured bones, lasting impairments, and chronic pain. Counsel stressed that their clients’ lives had changed forever, as they now faced limited mobility, ongoing therapy, and reduced quality of life.
Defense Argument
The defense denied negligence and recklessness. They admitted Cousins drove the truck but denied he acted unlawfully. Their lawyers argued that Daniel and Cristiane bore some responsibility for their own harm. Through their special defenses, they claimed Daniel failed to properly control his vehicle, keep a safe speed, or use caution. They also argued Cristiane did not take reasonable steps for her own safety as a passenger.
Defense experts suggested that some injuries were pre-existing or exaggerated, and that not all medical treatments were necessary or connected to the accident. They urged jurors to resist awarding inflated damages.
Jury Verdict
After deliberations, the jury returned a mixed verdict on May 17, 2024.
· The jury found in favor of both Daniel and Cristiane DaSilva. They agreed that Cousins’ negligence caused the crash and injuries.
· Daniel DaSilva’s damages: The jury awarded him $575,912 in total damages, covering both economic damage of $ 199,912 and non-economic losses of 376,000.
· Cristiane DaSilva’s damages: She received $698,088 for her combined losses of economic damages amounting to $ 254,088 and non-economic damages of $444,000.
· On the statutory counts, the jury sided with the defense. They found that while Cousins had been negligent, the evidence did not prove reckless conduct under Connecticut law. As a result, the DaSilvas did not receive double or treble damages.
Court Document
Jury Verdict for Cristiane DaSilva
Jury Verdict for Daniel DaSilva
