Case Background
On October 12, 2021, at approximately 5:14 p.m., Sandy Bellino was directing traffic in a construction zone on Ponus Avenue in Norwalk, Connecticut. She was working as a flagger for AWP Holding Company, Inc., with full authorization and within the scope of her employment. At the same time, a bus owned and operated by Norwalk Transit District moved through the construction area. The vehicle was being driven by Myron Cherry, an employee of Norwalk Transit District and/or CT Transit H.N.S., acting under the authority of his employer.
Cause
The bus, operated by Myron Cherry, entered a marked construction zone on Ponus Avenue between Norvel Road and Maher Drive. At that time, Sandy Bellino was performing flagging duties as a traffic controller under her employer, AWP Holding Company, Inc. According to the complaint, Cherry drove the bus through the construction area without slowing or providing any warning. The vehicle struck Bellino while she was on duty in the work zone.
The plaintiff alleged that Cherry operated the bus negligently and without regard for the conditions of the active work zone. Specific allegations included inattentiveness, failure to maintain a proper lookout, poor control of the vehicle, and failure to use brakes or take evasive action. Bellino also claimed the bus had defective brakes or that Cherry failed to apply them in time. Despite it being practicable, the driver reportedly made no attempt to stop, swerve, or warn her before the impact.
Injury
Bellino sustained multiple physical injuries. These included trauma to her hips, ribs, wrists, left ankle, and right shoulder, along with two cracked front teeth. She also suffered soft tissue injuries, mental anguish, and nervous shock. The injuries limited her daily activities. The complaint stated that some of her conditions were permanent and that she feared future medical treatments and disability.
Damages
Bellino sought monetary compensation for medical expenses already incurred and those anticipated in the future. She also claimed lost wages and a possible reduction in earning capacity. In addition, she filed a workers’ compensation claim, which remained pending. She planned to seek recovery for any future benefits her employer might be obligated to pay as a result of the incident.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Sandy Bellino
Counsel for Plaintiff: Rome Clifford Katz & Koerner LLP
Defendants: Norwalk Transit District | Myron Cherry
Counsel for Defendants: Coyne Von Kuhn & Brady LLC
Claims
Negligence and Carelessness – Norwalk Transit District (Count 1)
Norwalk Transit District, as the owner and operator of the bus, failed in its duty to operate the vehicle safely. The bus operator was inattentive, failed to control the vehicle, didn’t apply the brakes in time, and didn’t take evasive actions to avoid the collision. The failure to provide a warning or sound the horn contributed to the accident and Bellino’s injuries.
Negligence and Carelessness – Myron Cherry (Count 2)
Myron Cherry, the bus operator, was negligent by failing to maintain a proper lookout, control the vehicle, and apply the brakes. He also failed to maneuver the vehicle or provide a warning, leading directly to the accident and Bellino’s injuries.
Physical and Emotional Injuries
Bellino sustained injuries to her hips, ribs, wrists, ankle, shoulder, and cracked teeth. She also experienced soft tissue damage, pain, suffering, emotional distress, and a shock to her nervous system. Some injuries may be permanent, limiting her future activities.
Economic Damages
Bellino incurred substantial medical expenses, lost wages, and may face a reduced earning capacity due to the accident. These economic losses were directly caused by the defendants’ negligence.
Compensation
Bellino, employed by AWP Holding Company, filed a workers’ compensation claim for her injuries. She has claimed, and will continue to claim, future compensation for medical expenses and lost wages, with her employer’s insurer potentially seeking subrogation from the defendants.
Defense
Denial of Liability
Norwalk Transit District and Myron Cherry denied that their vehicle made contact with the plaintiff, Sandy Bellino. They admitted that a Norwalk Transit District bus was traveling through the construction zone on October 12, 2021, and that Cherry was operating it with permission, but rejected any allegation of collision or injury resulting from their actions.
Denial of Negligence
The defendants denied all claims of negligence, including failure to control the vehicle, inattentiveness, failure to brake, or failure to provide warnings. They rejected the plaintiff’s allegations that the bus operator’s actions were the cause of her injuries.
Lack of Knowledge
For multiple allegations, including those concerning the plaintiff’s employment, injuries, medical treatment, and workers’ compensation claim, the defendants claimed insufficient knowledge or information and left the plaintiff to her proof.
Special Defense – Plaintiff’s Own Negligence
The defendants argued that if the plaintiff sustained any injuries, they were caused by her own negligence. Specifically, Bellino failed to keep a proper lookout, was inattentive to her surroundings, failed to exercise reasonable care for her own safety, and improperly used the highway in violation of Connecticut General Statutes §53-182.
Jury Verdict
On February 19, 2025, the jury found in favor of the defendants, Norwalk Transit District and Myron Cherry. The jury concluded that the defendants were not liable for the plaintiff’s injuries and rejected the claims of negligence asserted in the complaint.
