Uninsured crash victim granted $1.5M lien on couple's home

October 7, 2002
VOL.119, No. 280
By Karen Ali
THE NEWS-TIMES

On a warm June night, John Andrews took the long way home from dinner to savor the lovely weather for a few extra minutes before heading home to Bethel for the evening.

As the good-natured Andrews, 59, reflected on his decision in his Ridgefield lawyer's office last week, he shook his head. "I never should have done that," he said, resting against the cane he uses to help him walk on his prosthetic leg.

While driving west on Newtown Road in Danbury on his way back from a Newtown diner, the Harley Davidson he was driving collided with a woman driving a Volkswagen out of a Volkswagen dealership.

Witnesses said Andrews was thrown from his motorcycle, flipping at least once in the air. He was taken to Danbury Hospital, where he was treated for severe leg injuries. The damage was so bad, doctors had to amputate below the knee. The other driver, Beth Nanna, was not injured.

Andrews' recovery is going as well as can be expected and his attitude is upbeat.

But since the June 18 accident, he and his lawyer, Harvey Kulawitz of Ridgefield, have been in court in an attempt to get money to help pay Andrews' medical expenses.

In July, Andrews filed suit against Beth Nanna and her husband, John Nanna, who owns the car.

But, before filing suit, Kulawitz asked Nanna's insurers to pay $15,000, but the firm, unwilling to admit its client is at fault, refused, he said.

Sue Honeyman, a spokeswoman at the Hartford Financial Services Group, of Hartford, which insures the Nannas, said the company had not determined who was at fault. Honeyman added it is a terribly sad case for everyone involved. The issues are a lot more complicated than they appear, but I cannot comment because of confidentiality issues and because the claim has not been settled."

However, Andrews is heartened by a Superior Court judge's decision to attach a $1.5 million involuntary lien on the couple's Brookfield home.

Kulawitz said by attaching the house, Superior Court Judge Tim Upson, in effect, was saying probable cause exists and Andrews could win at jury trial. "To protect my client in the meantime, there is an involuntary lien on their assets," Kulawitz said. "The judge agreed with our side, clearly."

Should the case go to trial and his client win a judgment, the house is an asset his client can pursue. Because of the lien, the Nannas cannot sell the house without settling the legal case.

"It's a tragic situation all around. John isn't going to get his leg back. No one is going to come out a winner," Kulawitz said.

The Nannas' lawyer, Phil von Kuhn, of Stratford, could not be reached for comment.

Danbury lawyer, Jeff Jowdy, who does civil work but is not connected to this case, said the judge's decision puts pressure on the defendant to settle. The decision "indicates the existence of strong evidence on behalf of the party seeking the remedy," Jowdy said.

Judges don't typically put liens on defendants' homes, Kulawitz said. "Usually there's enough insurance for the type of injury. Usually, somebody has enough insurance."

After the crash, Beth Nanna was issued an infraction for failure to grant right of way at a private driveway or road.

As of today, Andrews has not paid any of his medical bills; Kulawitz said the hospital and health care practitioners are being as understanding as they can because they know he and his client are "working with them." Kulawitz acknowledged his client would have been better off if he had his own medical insurance and under-insurance motorist car insurance.

Andrews, who has been driving motorcycles since 1968 without even a "close call," said he hasn't driven since the crash and doesn't plan to. "My daughter would kill me if I got on one again," Andrews said, smiling.

Andrews had to stop working in construction, the job he held for decades.

So far, his medical expenses amount to about $200,000, an amount that will increase over the years. He spent several days at Danbury Hospital's Intensive Care Unit, and owes money for medical care, including blood transfusions, CT scans and X-rays. In the future he will also need replacement prosthetic devices, wheelchairs, walkers, and more medical care, Kulawitz said.

One of the low points in his recovery was while his leg was being amputated, and he woke up out of his sedation, observing doctors taking part of his leg off. Before he was given more anesthesia, he also heard someone say: "Go get a box to put his leg in."

"They didn't know whether they were going to throw it out or use it for medical research," Andrews said.

Contact Karen Ali
at kali@newstimes.com
or at (203) 731-3341.