Attorneys for a 21-year-old East Windsor man injured when his car was broadsided and sent careening into a tree secured a $1.37 million settlement on the eve of trial.
Nicholas Jacuby was in his vehicle near his father's driveway in July 2015 when a speeding car driven by Adam Fisher struck him, according to a 21-page amended lawsuit filed in Hartford Superior Court in November 2016.
Jacuby suffered a broken tibia in his right leg and a fractured socket in his left hip, which required screws and wires. Jacuby was left with a permanent partial impairment in both legs, according to his attorney, Andrew Groher.
While Fisher and his friend Frank Wads worth deny they were racing their cars at the time, that's what the lawsuit alleged.
According to Groher, both Fisher and Wads worth, who were on summer break after their first year of college, admitted in depositions to having one drink at dinner before the accident. Both Fisher and Wadsworth were younger than 21 at the time.
"They found an open bottle of vodka in [Fisher's] car and they never did a field sobriety test and did not get a warrant for blood alcohol. Nothing," said Groher, an owner of RisCassi & Davis in Hartford.
Fisher, who was driving a car owned by his father, Douglas Fisher, was charged by police with reckless driving and sentenced to 30 days in jail, execution suspended, and one year of probation.
Fisher admitted in deposition that he was speeding, Groher said. It's unclear how fast Fisher was driving.
Fisher and Wadsworth were driving behind each other in East Windsor after going out with four friends, Groher said.
"Nick is going on the road to his father's house and Wadsworth passes in a no-passing zone the car in front of him and Nick's car. They go by so fast that all Nick sees is a red tail light," Groher said, adding, "Nick has his signal turned on and Fisher, who was right behind Wads worth, hits him broadside."
Groher said Jacuby, who went through months of rehabilitation, is currently working and going to college part time.
The settlement includes $1.25 million from Liberty Mutual, Douglas Fisher's insurance company. That amount was the maximum coverage allowed, Groher said. The remaining $120,000 came from Allstate, the insurance company of the vehicle owned by Wadsworth's father.
The settlement was reached on June 15, but Jacuby will receive the money "soon," Groher said.
Fisher is represented by Michael Vitale, of Flanagan, Vitale & McManus in Wallingford. Wadsworth is represented by William J. Melley III, a solo practitioner in Hartford.
Both attorneys declined to comment.