Preview
R.D.: May 2, 2023 SUPERIOR COURT
LUANA MARTINS J.D. OF FAIRFIELD
Vv
AT BRIDGEPORT
DIANA ORDONEZ GUZMAN, ET AL
APRIL 4, 2023
COMPLAINT
FIRST COUNT: (B; y plaintiff, LUANA MARTINS, as to defen
dant, DIANA ORDONEZ
GU:
1 On May 10, 2022, at approximately 3:13 p.m., the plaintiff,
LUANA MARTINS,
was the owner and operator of a motor vehicle traveling
south on Main Street (Route 111) and
had reached a point in the roadway approximately thirty
(30) feet south of its intersection with
53= Brewster Place, both public streets or highways, in the Town
of Trumbull, State of Connecticut.
oa
zs 2. At the same time and place, the defendant, DIANA ORDO
ga NEZ GUZMAN was
=
ok the operator of a motor vehicle traveling north on Main Street
(Route 11 1) and had also reached
a point in the roadway approximately thirty (30) feet south of
its intersection with Brewster Place.
aad 3 At the same time and place, the motor vehicle operated by the
ga defendant, DIANA
ORDONEZ GUZMAN, suddenly and without warning, crossed
over into the southbound lane
of travel and collided with the motor vehicle operated by
the plaintiff, LUANA MARTINS,
thereby causing her to suffer the injuries and losses set forth more
fully below.
4. The collision was caused by the negligence of the defendant, DIAN
A ORDONEZ
GUZMAN, in one or more of the following ways, in that she:
@ Failed to keep a reasonable and proper lookout for other vehicles on the
road;
(b) Failed to turn or swerve so as to avoid the collision;
© Failed to apply the brakes in time to avoid the collision;
@ Failed to sound the horn or give a timely warning of the impending
collision;
1
©) Failed to keep the vehicle under proper and reasonable contro
l;
( Was inattentive in the operation of the vehicle;
(g) Operated the vehicle at a rate of s; peed greater than was reason
able, having due
regard to the width, traffic, and use of the highway
> road or parking area, the intersection of streets
and weather conditions, in violation of §14-218a o: f the Connec
ticut General Statutes;
(h) Failed to o; perate the vehicle in the right hand lane, in violat
ion of §14-230(a) of
the Connecticut General Statutes;
@ Failed to pass the plaintiff's vehicle to the right and/or failed
to give to the plaintiff
at least one half of the main traveled Portion of the highw
ay as nearly as possible in violation of
§14-231 of the Connecticut General Statutes;
G) Failed to drive the vehicle as nearly as practicable entirely
within a single lane and
moved the vehicle from such lane before ascertainin ig that
such movement could be made with
safety, in violation of §14-236(1) of the Connecticut
General Statutes;
Sx &) Drove the vehicle across or over a dividing space, barrier
, or, section, while
traveling on a divided highway, in violation of §14-237
of the Connecticut General Statutes;
BS
S08 @ Drove the vehicle in such proximity to another vehicle so as
=
on traffic, in violation of §14-240(b) of the Connecticut Genera
to obstruct or impede
l Statutes;
as (m) Turned the vehicle when such mov: ement could not be made
with reasonable safety
in violation of §14-242(a) of the Connecticut Ge neral Statutes; and/or
Ad
ga
(n) Failed to yield the ri; ight of way to the plaintiff's vehicle in violation of
§14-242(e)
of the Connecticut General Statute: >
5 As a result of the negligence of the defendant, DIANA
ORDONEZ GUZMAN,
the plaintiff, LUANA MARTINS, has suffered the following
serious and painful injuries, some,
or all, of which may be permanent in nature:
@) Headaches;
b) Neck pain;
(©) Back pain;
@ Chest pain;
© Sprain/strain of the cervical area of her spine with associated pain
and discomfort;
@ Sprain/strain of the thoracic area of her spine with associated pain and
discomfort;
2
(g) Sprain/strain of the lumbar area of her spine with associated pain and
discomfort;
(h) Disc protrusion at L4-L5;
@ Disc herniation at L5-S1, with annual tear;
@ Left shoulder contusion, with associated pain and discomfort;
&) Left arm pain;
@ Radicular pain from low back into legs bilaterally;
(m) Reduced range of motion;
(n) Spinal tenderness;
(0) Sleep disturbance;
) Muscle spasms; and
Ss @ Pain and suffering, both mental and physical.
a=
aa 6 Asa further direct and proximate result of the negligence of the defendant, DIANA
= 6 ORDONEZ GUZMAN, the plaintiff, LUANA MARTINS, was
on forced to expend large sums of
money for medical care and treatment, all necessary for her physic
ag
egies
al recovery, and may be forced
to expend additional sums in the future, all to her financial loss.
Ad
7 Asa further direct and proximate result of the negligence of the defend
ant, DIANA
ORDONEZ GUZMAN, the plaintiff, LUANA MARTINS,
was unable, and remains unable, to
pursue and participate in and enjoy her life’s usual activities.
SECOND COUNT: (By plaintiff, LUANA MARTINS, as to
defendant WILLIAM
LUCERO GUZMAN - Conn. Gen. Stat. §52-182 and/or §52-18
3)
1-7. Paragraphs 1 through 7 of the First Count are hereby incorporated as paragr
aphs 1
through 7 of this Second Count as if more fully stated herein.
8 At all times material hereto, the defendant, WILLIAM LUCERO GUZMAN,
was the owner of the vehicle driven by DIANA ORDONEZ GUZMAN.
3
9 At all times material hereto, DIANA ORDONEZ GUZMAN
was operating the
motor vehicle owned by the defendant, WILLIAM LUCERO GUZMAN, with his or her
permission.
10. At all times material hereto, DIANA ORDONEZ GUZMAN was operating the
motor vehicle owned by the defendant, WILLIAM LUCERO
GUZMAN, pursuant to the family
car doctrine and/or as his or her agent, servant and/or employee.
11. At all times material hereto, DIANA ORDONEZ GUZMAN
was operating the
motor vehicle owned by the defendant, WILLIAM LUCERO
GUZMAN, as his or her agent,
servant and/or employee and was acting within the scope of
his employment.
12. The defendant, WILLIAM LUCERO GUZMAN,
SzNI is liable to the plaintiff,
Ba
Be LUANA MARTINS, pursuant to the Connecticut General Statut
es §52-182 and/or §52-183.
ae8
=f
on
ra
83
Ad
gs
aN
WHEREFORE, the plaintiff claims money damages as to all
Counts.
The Plaintiff,
B a —<————_
Matthew D. Newman (77
Ventura Law
235 Main Street, Suite 101
Danbury, CT 06810
(203) 800-8000/Juris #414924
Sza
oa
gk
Ea
AO8
=f
ok
7
3s
BS
Ad
eo
a
TO THE CLERK OF THE COURT:
Please enter our appearance
on behalf of the plaintiff:
Ventura Law
R.D.: May 2, 2023 SUPERIOR COURT
LUANA MARTINS
J.D. OF FAIRFIELD
Vv
AT BRIDGEPORT
DIANA ORDONEZ GUZMAN, ET AL APRIL 4, 2023
STATEMENT OF AMOUNT IN DEMAND
The amount of money damages claimed is greater than Fifteen Thousand Dollars
($15,000.00), exclusive of interest and costs.
The Plaintiff,
SsA B a ——
Bo MatthewD.Newman (7
Ventura Law
Bs
S08 235 Main Street, Suite 101
- 8
ow
Danbury, CT 06810
(203) 800-8000/Juris #414994
=2
53
as
7
ge
An
gS
Preview
R.D.: May 2, 2023 SUPERIOR COURT LUANA MARTINS J.D. OF FAIRFIELD Vv AT BRIDGEPORT DIANA ORDONEZ GUZMAN, ET AL APRIL 4, 2023 COMPLAINT FIRST COUNT: (B; y plaintiff, LUANA MARTINS, as to defen dant, DIANA ORDONEZ GU: 1 On May 10, 2022, at approximately 3:13 p.m., the plaintiff, LUANA MARTINS, was the owner and operator of a motor vehicle traveling south on Main Street (Route 111) and had reached a point in the roadway approximately thirty (30) feet south of its intersection with 53= Brewster Place, both public streets or highways, in the Town of Trumbull, State of Connecticut. oa zs 2. At the same time and place, the defendant, DIANA ORDO ga NEZ GUZMAN was = ok the operator of a motor vehicle traveling north on Main Street (Route 11 1) and had also reached a point in the roadway approximately thirty (30) feet south of its intersection with Brewster Place. aad 3 At the same time and place, the motor vehicle operated by the ga defendant, DIANA ORDONEZ GUZMAN, suddenly and without warning, crossed over into the southbound lane of travel and collided with the motor vehicle operated by the plaintiff, LUANA MARTINS, thereby causing her to suffer the injuries and losses set forth more fully below. 4. The collision was caused by the negligence of the defendant, DIAN A ORDONEZ GUZMAN, in one or more of the following ways, in that she: @ Failed to keep a reasonable and proper lookout for other vehicles on the road; (b) Failed to turn or swerve so as to avoid the collision; © Failed to apply the brakes in time to avoid the collision; @ Failed to sound the horn or give a timely warning of the impending collision; 1 ©) Failed to keep the vehicle under proper and reasonable contro l; ( Was inattentive in the operation of the vehicle; (g) Operated the vehicle at a rate of s; peed greater than was reason able, having due regard to the width, traffic, and use of the highway > road or parking area, the intersection of streets and weather conditions, in violation of §14-218a o: f the Connec ticut General Statutes; (h) Failed to o; perate the vehicle in the right hand lane, in violat ion of §14-230(a) of the Connecticut General Statutes; @ Failed to pass the plaintiff's vehicle to the right and/or failed to give to the plaintiff at least one half of the main traveled Portion of the highw ay as nearly as possible in violation of §14-231 of the Connecticut General Statutes; G) Failed to drive the vehicle as nearly as practicable entirely within a single lane and moved the vehicle from such lane before ascertainin ig that such movement could be made with safety, in violation of §14-236(1) of the Connecticut General Statutes; Sx &) Drove the vehicle across or over a dividing space, barrier , or, section, while traveling on a divided highway, in violation of §14-237 of the Connecticut General Statutes; BS S08 @ Drove the vehicle in such proximity to another vehicle so as = on traffic, in violation of §14-240(b) of the Connecticut Genera to obstruct or impede l Statutes; as (m) Turned the vehicle when such mov: ement could not be made with reasonable safety in violation of §14-242(a) of the Connecticut Ge neral Statutes; and/or Ad ga (n) Failed to yield the ri; ight of way to the plaintiff's vehicle in violation of §14-242(e) of the Connecticut General Statute: > 5 As a result of the negligence of the defendant, DIANA ORDONEZ GUZMAN, the plaintiff, LUANA MARTINS, has suffered the following serious and painful injuries, some, or all, of which may be permanent in nature: @) Headaches; b) Neck pain; (©) Back pain; @ Chest pain; © Sprain/strain of the cervical area of her spine with associated pain and discomfort; @ Sprain/strain of the thoracic area of her spine with associated pain and discomfort; 2 (g) Sprain/strain of the lumbar area of her spine with associated pain and discomfort; (h) Disc protrusion at L4-L5; @ Disc herniation at L5-S1, with annual tear; @ Left shoulder contusion, with associated pain and discomfort; &) Left arm pain; @ Radicular pain from low back into legs bilaterally; (m) Reduced range of motion; (n) Spinal tenderness; (0) Sleep disturbance; ) Muscle spasms; and Ss @ Pain and suffering, both mental and physical. a= aa 6 Asa further direct and proximate result of the negligence of the defendant, DIANA = 6 ORDONEZ GUZMAN, the plaintiff, LUANA MARTINS, was on forced to expend large sums of money for medical care and treatment, all necessary for her physic ag egies al recovery, and may be forced to expend additional sums in the future, all to her financial loss. Ad 7 Asa further direct and proximate result of the negligence of the defend ant, DIANA ORDONEZ GUZMAN, the plaintiff, LUANA MARTINS, was unable, and remains unable, to pursue and participate in and enjoy her life’s usual activities. SECOND COUNT: (By plaintiff, LUANA MARTINS, as to defendant WILLIAM LUCERO GUZMAN - Conn. Gen. Stat. §52-182 and/or §52-18 3) 1-7. Paragraphs 1 through 7 of the First Count are hereby incorporated as paragr aphs 1 through 7 of this Second Count as if more fully stated herein. 8 At all times material hereto, the defendant, WILLIAM LUCERO GUZMAN, was the owner of the vehicle driven by DIANA ORDONEZ GUZMAN. 3 9 At all times material hereto, DIANA ORDONEZ GUZMAN was operating the motor vehicle owned by the defendant, WILLIAM LUCERO GUZMAN, with his or her permission. 10. At all times material hereto, DIANA ORDONEZ GUZMAN was operating the motor vehicle owned by the defendant, WILLIAM LUCERO GUZMAN, pursuant to the family car doctrine and/or as his or her agent, servant and/or employee. 11. At all times material hereto, DIANA ORDONEZ GUZMAN was operating the motor vehicle owned by the defendant, WILLIAM LUCERO GUZMAN, as his or her agent, servant and/or employee and was acting within the scope of his employment. 12. The defendant, WILLIAM LUCERO GUZMAN, SzNI is liable to the plaintiff, Ba Be LUANA MARTINS, pursuant to the Connecticut General Statut es §52-182 and/or §52-183. ae8 =f on ra 83 Ad gs aN WHEREFORE, the plaintiff claims money damages as to all Counts. The Plaintiff, B a —<————_ Matthew D. Newman (77 Ventura Law 235 Main Street, Suite 101 Danbury, CT 06810 (203) 800-8000/Juris #414924 Sza oa gk Ea AO8 =f ok 7 3s BS Ad eo a TO THE CLERK OF THE COURT: Please enter our appearance on behalf of the plaintiff: Ventura Law R.D.: May 2, 2023 SUPERIOR COURT LUANA MARTINS J.D. OF FAIRFIELD Vv AT BRIDGEPORT DIANA ORDONEZ GUZMAN, ET AL APRIL 4, 2023 STATEMENT OF AMOUNT IN DEMAND The amount of money damages claimed is greater than Fifteen Thousand Dollars ($15,000.00), exclusive of interest and costs. The Plaintiff, SsA B a —— Bo MatthewD.Newman (7 Ventura Law Bs S08 235 Main Street, Suite 101 - 8 ow Danbury, CT 06810 (203) 800-8000/Juris #414994 =2 53 as 7 ge An gS