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MOTOR VEHICLE TORTS: Hartford Superior Court Jury apportioned 50% liability to drunk driver that died from hitting a tractor trailer pulled off to the side of the road

Hartford Superior Court jury awarded $2.8 million to a drunk driver who died instantly from hitting a tractor trailer pulled over on the side of the road. The jury apportioned 50% liability to the drunk driver, who had a blood alcohol level of .118 and trace amounts of marijuana found in his blood during autopsy, cutting the award in half to $1.4 Million.  Plaintiff’s attorney argued to the jury that where defendant’s truck was parked on the road was dangerous due to the fact there was no lighting in that area, as well as the fact that the driver did not have warning signals, cones, or flares out, which were required by state and federal law and company policy.  The defense argued that it was unsafe for the driver of the truck to continue and that the driver did not know if he could make it another 10 feet or 100 yards, and parking where he did was the only way to assure he did not end up in the travel lanes.  Klobuchishta, Luan, Administrator of the Estate of Omer Jani v. Lanford Chisholm, Et. Al., HHD-CV15-6061747-S; April 2, 2019.