DOCKET NO.: FST-CV15-6026712-S
`
`
`
`
`
`
`DEBRA BURTON
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`
`USA TAXI OF STAMFORD, LLC,
`ROGELIO BERMUDEZ and
`
`ILDER ANACAYA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`STAMFORD/NORWALK
`
`AT STAMFORD
`
`MARCH 22, 2017
`
`PLAINTIFF’S TRIAL MANAGEMENT REPORT
`
`The plaintiff, Debra Burton, hereby respectfully submits the following trial management
`
`
`
`report in accordance with the Stamford Superior Court Trial Management Order.
`
`I.
`
`FACTS
`
`On the evening of December 6, 2013 Ms. Burton engaged USA Taxi and its driver,
`
`defendant Rogelio Bermudez to drive her from Mill River to her apartment complex, which is
`
`owned by Mr. Anacaya. After exiting the taxi in the driveway of her apartment complex, Mr.
`
`Bermudez backed over Ms. Burton, causing her very serious personal injuries. The plaintiff
`
`alleges the crash was caused in part by Mr. Bermudez’s negligence and in part by Mr. Anacaya’s
`
`negligence in failing to adequately light the driveway to the apartment complex, making it
`
`unreasonably dark and dangerous. The defendants deny liability.
`
`After the collision, Ms. Burton was transported by ambulance to Stamford Hospital
`
`where she was diagnosed with a right patella fracture and left ankle fracture. On December 19,
`
`2014, by the recommendation of her orthopedist Dr. Jeffrey Brooks, she underwent a surgical
`
`procedure on her right knee and was admitted to the hospital for fifteen days thereafter. Ms.
`
`Burton has since followed up with another orthopedist, Dr. Adam Brodsky, who has
`
`recommended a second surgical procedure to her left Achilles. Ms. Burton also suffered
`
`tenderness, joint effusion, inability to flex, reduced range of inversion and eversion of the foot,
`
`
`
`
`
`
`
`
`DEBRA BURTON
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`
`USA TAXI OF STAMFORD, LLC,
`ROGELIO BERMUDEZ and
`
`ILDER ANACAYA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`STAMFORD/NORWALK
`
`AT STAMFORD
`
`MARCH 22, 2017
`
`PLAINTIFF’S TRIAL MANAGEMENT REPORT
`
`The plaintiff, Debra Burton, hereby respectfully submits the following trial management
`
`
`
`report in accordance with the Stamford Superior Court Trial Management Order.
`
`I.
`
`FACTS
`
`On the evening of December 6, 2013 Ms. Burton engaged USA Taxi and its driver,
`
`defendant Rogelio Bermudez to drive her from Mill River to her apartment complex, which is
`
`owned by Mr. Anacaya. After exiting the taxi in the driveway of her apartment complex, Mr.
`
`Bermudez backed over Ms. Burton, causing her very serious personal injuries. The plaintiff
`
`alleges the crash was caused in part by Mr. Bermudez’s negligence and in part by Mr. Anacaya’s
`
`negligence in failing to adequately light the driveway to the apartment complex, making it
`
`unreasonably dark and dangerous. The defendants deny liability.
`
`After the collision, Ms. Burton was transported by ambulance to Stamford Hospital
`
`where she was diagnosed with a right patella fracture and left ankle fracture. On December 19,
`
`2014, by the recommendation of her orthopedist Dr. Jeffrey Brooks, she underwent a surgical
`
`procedure on her right knee and was admitted to the hospital for fifteen days thereafter. Ms.
`
`Burton has since followed up with another orthopedist, Dr. Adam Brodsky, who has
`
`recommended a second surgical procedure to her left Achilles. Ms. Burton also suffered
`
`tenderness, joint effusion, inability to flex, reduced range of inversion and eversion of the foot,
`
`
`
`displacement of patellar fragments, contusions, hematomas, abrasions, and swelling as a result of
`
`the injuries caused by the defendants’ negligence. She continues to suffer pain in her left ankle,
`
`left heel, Achilles, and right knee.
`
`II.
`
`ISSUES IN DISPUTE
`
`A. Liability
`
`B. Apportionment of Liability
`
`C. Vicarious Liability
`
`D. Damages
`
`III.
`
`PROPOSED WITNESSES
`
`A. Debra Burton - Plaintiff
`
`B. Rogelio Bermudez - Defendant
`
`C. Ilder Anacaya - Defendant
`
`D. Employees/Agents of Stamford EMS - expert testimony
`
`E. Employees/Agents of Stamford Hospital - expert testimony
`
`F. Employees/Agents of ARIS Teleradiology - expert testimony
`
`G. Employees/Agents of Advanced Radiology - expert testimony
`
`H. Employees/Agents of EMP of Fairfield County - expert testimony
`
`I. Employees/Agents of Orthopaedic Surgery & Sports Medicine - expert testimony
`
`J. Employees/Agents of The Tully Center - expert testimony
`
`K. Employees/Agents of Big Y Pharmacy & Shop Rite Pharmacy - expert testimony
`
`L. Dr. Jeffrey Brooks - expert testimony
`
`M. Dr. Adam Brodsky - expert testimony
`
`N. J. Michael Callahan, PE - expert testimony
`
`
`
`O. Allen Pigeon, LC, LEED AP - expert testimony
`
`P. State Lawrence - fact witness
`
`Q. Lasonia Nicholson - fact witness
`
`R. Various current/former Stamford Police Officers including, but not limited to,
`
`Officer Inverno and Officer Philip Neri - expert and fact witness
`
`Plaintiff is in the process of confirming the availability of multiple fact/quality-of-life
`
`witnesses to testify on her behalf. Plaintiff’s counsel will supplement this witness list as
`
`necessary.
`
`IV.
`
`PENDING/ANTICIPATED MOTIONS
`
`A. Plaintiff’s motion to preclude defendant Anacaya’s expert witness (#130.00)
`
`B. Motion to preclude testimony re reliance on City to render premises safe
`
`C. Motion for judicial notice of sunset
`
`D. Plaintiff’s request for leave to amend her complaint
`
`E. Motions in limine re police officer testimony/police report
`
`F. Motion to determine unity of interest re Bermudez and USA Taxi
`
`Plaintiff reserves the right to supplement this TMC Report and make all appropriate
`
`motions in limine at the time of trial in accordance with Practice Book Section 15-3.
`
`V.
`
`OPERATIVE PLEADINGS
`
`A. Complaint - dated October 27, 20151
`
`B. Defendant USA Taxi’s Answer & Special Defenses (#101.00)
`
`C. Defendant Anacaya’s Answer & Special Defense (#111.00)
`
`D. Defendant Bermudez’s Answer & Special Defense (#113.00)
`
`
`1 It is contemplated that the operative complaint will become the plaintiff’s Proposed Amended
`Complaint, filed March 30, 2017 (#131.00).
`
`
`
`E. Plaintiff’s Reply to USA Taxi’s Special Defenses (#117.00)
`
`F. Plaintiff’s Reply to Anacaya’s Special Defense (#118.00)
`
`G. Plaintiff’s Reply to Bermudez’s Special Defense (#119.00)
`
`H. Plaintiff’s Initial Disclosure of Expert Witnesses (#125.00)
`
`I. Plaintiff’s Supplemental Disclosure of Dr. Adam Brodsky (#126.00)
`
`J. Plaintiff’s Supplemental Disclosure of Lighting Experts (#127.00)
`
`K. Defendant Anacaya’s Disclosure of Lighting Expert (#129.00)
`
`VI.
`
`TIME FOR TRIAL
`
`Plaintiff anticipates that jury selection will take approximately 10 days and trial will take
`
`7-10 days.
`
`VII. SCHEDULING ISSUES
`
`Plaintiff’s counsel is scheduled to begin jury selection/trial on Asher vs. Ray, Docket No.
`
`FST-CV16-6027538-S, in Stamford Superior Court on April 5, 2017, the same day as jury
`
`selection is scheduled to begin in this case.
`
`
`
`
`
`
`
`THE PLAINTIFF,
`DEBRA BURTON
`
`
`
`
`
`
`
`
`/s/ 436501
`BY
`
`
`Brian Kluberdanz
`WOFSEY, ROSEN, KWESKIN
`& KURIANSKY, LLP
`600 Summer Street, Seventh Floor
`Stamford, CT 069001
`Tel: (203) 327-2300
`Juris No.: 068550
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATION
`
`I certify that a copy of the above was or will immediately be mailed or delivered
`
`electronically or non-electronically on March 22, 2017 to all counsel and self-represented parties
`of record and that written consent for electronic delivery was received from all counsel and self-
`represented parties of record who were or will immediately be electronically served:
`
`Dennis M. Laccavole
`Goldstein and Peck, P.C.
`1087 Broad Street
`Bridgeport, CT 06604
`laccavoled@goldsteinandpeck.com
`
`J. Kevin Golger
`McNamara & Kenney
`1087 Broad Street
`3rd Floor
`Bridgeport, CT 06604
`KGolger@mcandkenney.com
`
`Michael Connelly
`Murphy and Karpie, LLC
`350 Fairfield Ave.
`Bridgeport, CT 06604
`
`
`
`
`
`
`
`/s/ 436501
`Brian Kluberdanz
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
