RETURN DATE: November 26, 2019 SUPERIOR COURT LISA CONROY, ET AL J.D. OF WATERBURY Vs. AT WATERBURY STATE OF CONNECTICUT, ET AL OCTOBER 22, 2019 FIRST COUNT: (LISA CONROY v. STATE OF CONNECTICUT) 52-556) 1. At all times mentioned herein, JOHN ARTHUR MCDONALD, was an agent, servant, official and/or employee of the defendant, STATE OF CONNECTICUT, operating a motor vehicle owned and insured by the defendant, STATE OF CONNECTICUT. 2. On September 25, 2019, at approximately 7:27 pm, the plaintiff, LISA CON ROY, was the operator of a motor vehicle that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 3. At same time and place, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle owned by the defendant, STATE OF CONNECTICUT, that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. Page 1 of 49 MOORE. FOTI 0 ATTORNEYS AT LAW 891 STRAITS 0 MIDDLEBURY, CT 06762 TEL. (203) 272?5881 0 JURIS NO. 408519 4. At all times mentioned herein, westbound traffic on Airport Road was governed by a stop sign at its intersection with Route 188. 5. At the same time and place, while driving intoxicated, disregarding a stop sign, and driving at an excessive rate of speed, the motor vehicle operated by JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle operated by the plaintiff, thereby causing the plaintiff, LISA CONROY, to suffer the injuries and losses more fully set forth below. 6. The collision was caused by the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/or employee, JOHN ARTHUR MCDONALD, in one or more of the following ways: a) He failed to keep a reasonable and proper lookout for other vehicles on the road; b) He failed to turn or swerve so as to avoid the collision; c) He failed to apply the brakes in time to avoid the collision; d) He failed to sound the horn or give a timely warning of the impending collision; 6) He failed to keep the vehicle under proper control; f) He were inattentive in the operation of the vehicle; g) He operated the vehicle at a rate of speed greater than was reasonable, having due regard to the width, traf?c, and use of the highway, road or Page 2 of 49 MOORE, 81 FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 h) j) k) 1) 7. parking area, the intersection of streets and weather conditions, in violation of l4~218a of the Connecticut General Statutes; He operated a motor vehicle while under the in?uence of intoxicating liquor, in violation of of the Connecticut General Statutes; He operated a motor vehicle while he had an elevated blood alcohol content, in violation of of the Connecticut General Statutes; He drove the vehicle in such proximity to another vehicle so as to obstruct or impede traf?c, in violation of l4?240(b) of the Connecticut General Statutes; He moved the vehicle which was stopped, standing or parked when such movement could not be made with reasonable safety and without interfering with other traf?c, in violation of 14-243(a) of the Connecticut General Statutes; and/or He failed to stop in obedience to a stop sign and/0r failed to yield the right of way to the plaintiff? 3 vehicle in violation of 14-301(c) of the Connecticut General Statutes. As a result of the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/or employee, JOHN ARTHUR MCDONALD, Page 3 of 49 MOORE, 8: FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 the plaintiff, LISA CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Head lacerations; c) Headaches; d) Facial pain; e) Traumatic macular hole of right with associated pain and discomfort; l) Right pain; g) Loss of consciousness; h) Blurry Vision; i) Anxiety; j) Dizziness; k) Back pain; 1) Neck pain; m) Chest pain; n) Chest contusions; 0) Breast contusions; p) Rib pain; q) Left shoulder pain; Page 4 of 49 MOORE, 81 F011 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MEDDLEBURY, CT 06762 0 TEL. (203) 272-5881 - JURIS NO. 408519 r) Bi-lateral arm pain; 5) Bi-lateral arm contusions; t) Bi-lateral wrist pain; u) Bi-lateral wrist contusions; v) Bi?lateral wrist lacerations; w) Bi?lateral hand pain; x) Bi-lateral hand contusions; y) Abdominal pain; 2) Abdominal contusions; aa) Bi-lateral hip pain; bb) Right hip contusions; cc) Bi-lateral leg pain; dd) Bi-lateral leg contusions; ee) Bi?lateral knee pain; fl) Bi-lateral knee contusions; gg) Bi-lateral knee lacerations; hh) Right foot pain; ii) Right foot contusions; jj) Right foot lacerations; and Page 5 of 49 MOORE. 81 FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBUHY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 kk) Pain and suffering, both mental and physical. 8. As a further result of the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/0r employee, JOHN ARTHUR MCDONALD, the plaintiff, LISA CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 9. As a further result of the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/or employee, JOHN ARTHUR MCDONALD, the plaintiff, LISA CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. 10. This action is brought pursuant to 52-556 of the Connecticut General Statutes. SECOND COUNT: (LISA CONROY v. JOHN ARTHUR MCDONALD) (Common Law Recklessness) 1. On September 25, 2019, at approximately 7:27 pm, the plaintiff, LISA CONROY, was the operator of a motor vehicle that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. Page 6 of 49 MOORE, 81 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 2. At same time and place, the defendant, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. 3. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop sign at its intersection with Route 188. 4. Sometime prior to 7:27 pm, on September 25, 2019, the defendant, JOHN ARTHUR MCDONALD, consumed intoxicating liquors. 5. At the same time and place, while driving intoxicated, disregarding a stop sign, and driving at an excessive rate of speed, the motor vehicle operated by the defendant, JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle operated by the plaintiff, thereby causing the plaintiff, LISA CONROY, to suffer the injuries and losses more fully set forth below. 6. The collision was caused by the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct in one or more of the following ways: a) He operated the vehicle at a rate of speed greater than was reasonable, having due regard to the width, traf?c, and use of the highway, road or parking area, the intersection of streets and weather conditions; Page 7 of 49 MOORE, 81 FOTI - ATTORNEYS AT LAW 891 TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 b) He operated a motor vehicle while under the in?uence of intoxicating liquor; c) He operated a motor vehicle while he had an elevated blood alcohol content; d) He drove the vehicle in such proximity to another vehicle so as to obstruct or impede traf?c; e) He moved the vehicle which was stopped, standing or parked when such movement could not be made with reasonable safety and without interfering with other traf?c; and/or t) He failed to stop in obedience to a stop sign and/or failed to yield the right of way to the plaintiff?s vehicle; 7. As a result of the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct, the plaintiff, LISA CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Head lacerations; c) Headaches; d) Facial pain; e) Traumatic macular hole of right with associated pain and discomfort; f) Right pain; Page 8 of 49 MOORE. 81 F011 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE - MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 g) h) j) k) 1) Loss of consciousness; Blurry vision; Anxiety; Dizziness; Back pain; Neck pain; Chest pain; Chest contusions; Breast contusions; Rib pain; Left shoulder pain; Bi-lateral arm pain; Bi-lateral arm contusions; Bi-lateral wrist pain; Bi?lateral wrist contusions; Bi-lateral wrist lacerations; Bi?lateral hand pain; Bi?lateral hand contusions; Abdominal pain; Page 9 of 49 MOORE, 8: FOTI 0 ATTORNEYS ATLAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 aa) bb) cc) dd) ee) ff) gg) hh) 1'3) kk) 8. Abdominal contusions; Bi?lateral hip pain; Right hip contusions; Bi?lateral leg pain; Bi-lateral leg contusions; Bi-lateral knee pain; Bi-lateral knee contusions; Bi-lateral knee lacerations; Right foot pain; Right foot contusions; Right foot lacerations; and Pain and suffering, both mental and physical. As a further result of the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct, the plaintiff, LISA CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. Page 10 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 9. As a further result of the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct, the plaintiff, LISA CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. THIRD COUNT: (LISA CONROY v. JOHN ARTHUR MCDONALD) (Statutory Recklessness 14-295) 1. On September 25, 2019, at approximately 7:27 the plaintiff, LISA CONROY, was the operator of a motor vehicle that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 2. At same time and place, the defendant, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. 3. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop sign at its intersection with Route 188. 4. Sometime prior to 7:27 pm, on September 25, 2019, the defendant, JOHN ARTHUR MCDONALD, consumed intoxicating liquors. 5. At the same time and place, while driving intoxicated, disregarding a stop sign, and driving at an excessive rate of speed, the motor vehicle operated by the defendant, JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor Page 11 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 vehicle operated by the plaintiff, thereby causing the plaintiff, LISA CONROY, to suffer the injuries and losses more fully set forth below. 6. The collision was caused by the reckless disregard for the safety of others in Violation of 14-295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, in one or more of the following ways: a) He operated the vehicle at a rate of speed greater than is reasonable, having due regard to the width, traf?c, and use of the highway, road or parking area, the intersection of streets and weather conditions, in violation of 14- 218a of the Connecticut General Statutes; b) He operated the motor vehicle in a reckless manner, in violation of 14? 222 of the Connecticut General Statutes, in that he knowingly drove while under the in?uence of intoxicating liquors or with an elevated blood alcohol content at a high rate of speed and disregarded a stop sign; c) He operated a motor vehicle while under the in?uence of intoxicating liquor, in violation of of the Connecticut General Statutes; and/or d) He operated a motor vehicle while he had an elevated blood alcohol content, in violation of of the Connecticut General Statutes. Page 12 of 49 MOORE, 8r FOTI ATTORNE Y5 AT LAW 891 STRAITS TURNPIKE I MIDDLEBURY, CT 06762 0 TEL. (203) 2725881 0 JURIS NO. 408519 7. The aforementioned Violations were a substantial factor in causing LISA injuries and losses. 8. As a result of the reckless disregard for the safety of others in Violation of 14-295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, the plaintiff, LISA CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Head lacerations; c) Headaches; d) Facial pain; e) Traumatic macular hole of right with associated pain and discomfort; t) Right pain; g) Loss of consciousness; h) Blurry Vision; i) Anxiety; j) Dizziness; k) Back pain; 1) Neck pain; m) Chest pain; Page 13 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 bb) cc) dd) ee) ff) Chest contusions; Breast contusions; Rib pain; Left shoulder pain; Bi?lateral arm pain; Bi?lateral arm contusions; Bi?lateral wrist pain; Bi-lateral wrist contusions; Bi?lateral wrist lacerations; Bi~lateral hand pain; Bi-lateral hand contusions; Abdominal pain; Abdominal contusions; Bi-lateral hip pain; Right hip contusions; Bi-lateral leg pain; Bi-lateral leg contusions; Bi-lateral knee pain; Bi?lateral knee contusions; Page 14 of 49 MOORE, 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 gg) Bi-lateral knee lacerations; hh) Right foot pain; ii) Right foot contusions; ll) Right foot lacerations; and kk) Pain and suffering, both mental and physical. 9. As a further result of the reckless disregard for the safety of others in Violation of 14-295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, the plaintiff, LISA CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 10. As a further result of the reckless disregard for the safety of others in Violation of 14-295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, the plaintiff, LISA CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. FOURTH COUNT: (LISA CONROY v. THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWIN LLC) (Dram Shop) 1. On September 25, 2019 and at all times mentioned herein, the defendant, THOMAS JOSEPH SOBOCINSKI and/or JASON SOBOCINSKI, was the permittee Page 15 of 49 MOORE, 81 - ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 NO. 408519 and the defendant, BLACK HOG BREWING BLACK HOG BREWING LLC, was the backer of and was doing business as BLACK HOG BREWING LLC an establishment in which alcoholic beverages were sold, located at 115 Hurley Road, Building 9A, in Oxford, Connecticut. 2. On September 25, 2019, JOHN ARTHUR MCDONALD was a patron at BLACK HOG BREWING BLACK HOG BREWING LLC, where alcoholic beverages were served. 3. Agents, servants and/or employees of BLACK HOG BREWING BLACK HOG BREWING LLC served alcoholic beverages to JOHN ARTHUR MCDONALD while he was visibly intoxicated, in violation of 30-102 of the Connecticut General Statutes. 4. On September 25, 2019, at approximately 7:27 pm, the plaintiff, LISA CONROY, was the operator of a motor vehicle that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 5. At same time and place, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. Page 16 of 49 MOORE, 81 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 2726881 0 JURIS NO. 408519 6. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop sign at its intersection with Route 188. 7. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the motor vehicle operated by JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle operated by the plaintiff, thereby causing the plaintiff, LISA CONROY, to suffer the injuries and losses more fully set forth below. 8. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, LISA CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Head lacerations; c) Headaches; d) Facial pain; e) Traumatic macular hole of right with associated pain and discomfort; Page 17 of 49 MOORE, 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 g) h) j) k) 1) Right pain; Loss of consciousness; Blurry vision; Anxiety; Dizziness; Back pain; Neck pain; Chest pain; Chest contusions; Breast contusions; Rib pain; Left shoulder pain; Bi-lateral arm pain; Bi-lateral arm contusions; Bi?lateral wrist pain; Bi-lateral wrist contusions; Bilateral wrist lacerations; Bi?lateral hand pain; Bi?lateral hand contusions; Page 18 of 49 MOORE, F011 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 y) Abdominal pain; 2) Abdominal contusions; aa) Bi-lateral hip pain; bb) Right hip contusions; cc) Bi-lateral leg pain; dd) Bi-lateral leg contusions; ee) Bi~lateral knee pain; ff) Bi-lateral knee contusions; gg) Bi-lateral knee lacerations; hh) Right foot pain; ii) Right foot contusions; j) Right foot lacerations; and kk) Pain and suffering, both mental and physical. 9. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/0r employees, the plaintiff, LISA CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. Page 19 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 10. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, LISA CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. 11. This action is brought pursuant to 30-102 of the Connecticut General Statutes. 12. In compliance with 30-102 of the Connecticut General Statutes, the plaintiff has noti?ed the defendant of her intention to bring an action under this section. (Notice is attached hereto as Exhibit A). FIFTH COUNT: (LISA CONROY v. THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC) (Common Law Recklessness) 1. On September 25, 2019 and at all times mentioned herein, the defendant, THOMAS JOSEPH SOBOCINSKI and/0r JASON SOBOCINSKI, was the permittee and the defendant, BLACK HOG BREWING BLACK HOG BREWING LLC, was the backer of and was doing business as BLACK HOG BREWING LLC an establishment in which alcoholic beverages were sold, located at 115 Hurley Road, Building 9A, in Oxford, Connecticut. Page 20 of 49 MOORE, 8: FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 2. On September 25, 2019, JOHN ARTHUR MCDONALD was a patron at BLACK HOG BREWING BLACK HOG BREWING LLC, where alcoholic beverages were served. 3. Agents, servants and/or employees of BLACK HOG BREWING BLACK HOG BREWING LLC served alcoholic beverages to JOHN ARTHUR MCDONALD while he was visibly intoxicated, in violation of 30-102 of the Connecticut General Statutes. 4. On September 25, 2019, at approximately 7:27 pm, the plaintiff, LISA CONROY, was the operator of a motor vehicle that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 5. At same time and place, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. 6. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop sign at its intersection with Route 188. 7. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants Page 21 of 49 MOORE. 81 FOTI I ATTORNEYS AT LAW 891 STRAITS TURNPIKE MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 - JURIS NO. 408519 and/or employees, the motor vehicle operated by JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle operated by the plaintiff, thereby causing the plaintiff, LISA CONROY, to suffer the injuries and losses more fully set forth below. 8. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, LISA CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Head lacerations; c) Headaches; d) Facial pain; e) Traumatic macular hole of right with associated pain and discomfort; 1) Right pain; g) Loss of consciousness; h) Blurry vision; i) Anxiety; j) Dizziness; Page 22 of 49 MOORE, 8: FOTI 0 ATTORNEYS ATLAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 k) 1) bb) cc) Back pain; Neck pain; Chest pain; Chest contusions; Breast contusions; Rib pain; Left shoulder pain; Bi-lateral arm pain; Bi-lateral arm contusions; Bi~lateral wrist pain; Bi-lateral wrist contusions; Bi?lateral wrist lacerations; Bi?lateral hand pain; Bi?lateral hand contusions; Abdominal pain; Abdominal contusions; Bi?lateral hip pain; Right hip contusions; Bi-lateral leg pain; Page 23 of 49 MOORE, 8! F011 ATTORNEYS AT LAW 891 STRAITS 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 dd) Bi-lateral leg contusions; ee) Bi-lateral knee pain; ff) Bi-lateral knee contusions; gg) Bi-lateral knee lacerations; hh) Right foot pain; ii) Right foot contusions; j) Right foot lacerations; and kk) Pain and suffering, both mental and physical. 9. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, LISA CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 10. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, LISA CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. Page 24 of 49 MOORE. FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE I MIDDLEBURY, CT 06762 I TEL. (203) 272-5881 0 JURIS NO. 408519 ll. The collision and the damages mentioned above were caused by the reckless, willful and/or wanton misconduct of the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees in one or more of the following ways: a) They maintained an alcohol service policy within the bar in which intoxicated persons would not be refused service; b) They served numerous drinks to JOHN ARTHUR MCDONALD, which caused his intoxication, when the defendants knew, or should have known, that JOHN ARTHUR MCDONALD would operate a motor vehicle upon leaving the defendants? premises; c) They chose not to cut off JOHN ARTHUR MCDONALD when they knew he was intoxicated and likely to drive a motor vehicle on the roads of this State with other drivers; d) They alloWed JOHN ARTHUR MCDONALD to operate a motor vehicle upon leaving the bar when they knew that JOHN ARTHUR MCDONALD was in an intoxicated state; and/or Page 25 of 49 MOORE, 8: FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 - TEL. (203) 272-5881 0 JURIS NO. 408519 6) They continued to supply alcohol to JOHN ARTHUR MCDONALD who lacked the capacity to fully understand the risks associated with intoxication due to his propensity to drink alcohol excessively. SIXTH COUNT: (MADISON CONROY v. STATE or CONNECTICUT) 52?556) 1. At all times mentioned herein, JOHN ARTHUR MCDONALD, was an agent, servant, of?cial and/or employee of the defendant, STATE OF CONNECTICUT, operating a motor vehicle owned and insured by the defendant, STATE OF CONNECTICUT. 2. On September 25, 2019, at approximately 7:27 pm, the plaintiff, MADISON CONROY, was a passenger in a motor vehicle operated by LISA CONROY, that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 3. At same time and place, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle owned by the defendant, STATE OF CONNECTICUT, that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. Page 26 of 49 MOORE, 81 FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE I MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 4. At all times mentioned herein, westbound traffic on Airport Road was governed by a stop sign at its intersection with Route 188. 5. At the same time and place, while driving intoxicated, disregarding a stop sign, and driving at an excessive rate of speed, the motor vehicle operated by JOHN ARTHUR MCDONALD suddenly and without warning collided with the motor vehicle occupied by the plaintiff, thereby causing the plaintiff, MADISON CONROY, to suffer the injuries and losses more fully set forth below. 6. The collision was caused by the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/or employee, JOHN ARTHUR MCDONALD, in one or more of the following ways: a) He failed to keep a reasonable and proper lookout for other vehicles on the road; b) He failed to turn or swerve so as to avoid the collision; c) He failed to apply the brakes in time to avoid the collision; d) He failed to sound the horn or give a timely warning of the impending collision; e) He failed to keep the vehicle under proper control; 0 He were inattentive in the operation of the vehicle; g) He operated the vehicle at a rate of speed greater than was reasonable, having due regard to the width, traffic, and use of the highway, road or Page 27 of 49 MOORE, 0' BRIEN 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MEDDLEBURY, CT 06762 I TEL. (203) 272 5881 0 JURIS NO. 408519 11) i) k) 1) 7. parking area, the intersection of streets and weather conditions, in violation of l4?218a of the Connecticut General Statutes; He operated a motor vehicle while under the in?uence of intoxicating liquor, in violation of of the Connecticut General Statutes; He Operated a motor vehicle while he had an elevated blood alcohol content, in violation of of the Connecticut General Statutes; He drove the vehicle in such proximity to another vehicle so as to obstruct or impede traf?c, in violation of l4-240(b) of the Connecticut General Statutes; He moved the vehicle which was stopped, standing or parked when such movement could not be made with reasonable safety and without interfering with other traf?c, in violation of 14-243(a) of the Connecticut General Statutes; and/or He failed to stop in obedience to a stop sign and/or failed to yield the right of way to the plaintiffs vehicle in violation of 14-301(c) of the Connecticut General Statutes. As a result of the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/or employee, JOHN ARTHUR MCDONALD, Page 28 of 49 MOORE, 8: FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBUHY, CT 06762 0 TEL. (203) 272?5881 0 NO. 408519 the plaintiff, MADISON CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Head contusion; c) Headaches; d) Concussion; e) Post-concussive f) Loss of consciousness; g) Tinnitus; h) Chin pain; i) Chin contusions; j) Anxiety; k) Neck pain; 1) Back pain; m) Sprained left collarbone with associated pain and discomfort; n) Left collarbone pain; 0) Left wrist fracture with associated pain and discomfort; p) Left wrist pain; q) Left hand pain; Page 29 of 49 MOORE, 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 r) Bi-lateral hip pain; 3) Bi-lateral hip contusions; t) Bi-lateral leg pain; u) Bi-lateral leg contusions; V) Bi-lateral leg lacerations; w) Bi?lateral knee pain; x) Bi-lateral knee contusions; and y) Pain and suffering, both mental and physical. 8. As a further result of the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/or employee, JOHN ARTHUR MCDONALD, the plaintiff, MADISON CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 9. As a further result of the negligence of the defendant, STATE OF CONNECTICUT, its agent, servant and/or employee, JOHN ARTHUR MCDONALD, the plaintiff, MADISON CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. 10. This action is brought pursuant to 52-556 of the Connecticut General Statutes. Page 30 of 49 MOORE, 8r FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 SEVENTH CONROY v. JOHN ARTHUR MCDONALD) (Common Law Recklessness) 1. On September 25, 2019, at approximately 7:27 pm, the plaintiff, MADISON CONROY, was a passenger in a motor vehicle operated by LISA CONROY, that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 2. At same time and place, the defendant, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. 3. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop sign at its intersection with Route 188. 4. Sometime prior to 7:27 pm, on September 25, 2019, the defendant, JOHN ARTHUR MCDONALD, consumed intoxicating liquors. 5. At the same time and place, while driving intoxicated, disregarding a stop Sign, and driving at an excessive rate of speed, the motor vehicle operated by the defendant, JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle occupied by the plaintiff, thereby causing the plaintiff, MADISON CONROY, to suffer the injuries and losses more fully set forth below. Page 31 of 49 MOORE. FOTI I ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 6. The collision was caused by the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct in one or more of the following ways: a) b) 7. He operated the vehicle at a rate of speed greater than was reasonable, having due regard to the width, traf?c, and use of the highway, road or parking area, the intersection of streets and weather conditions; He operated a motor vehicle while under the in?uence of intoxicating liquor; He operated a motor vehicle while he had an elevated blood alcohol content; He drove the vehicle in such proximity to another vehicle so as to obstruct or impede traf?c; He moved the vehicle which was stopped, standing or parked when such movement could not be made with reasonable safety and without interfering with other traf?c; and/or He failed to stop in obedience to a stop sign and/or failed to yield the right of way to the plaintiffs vehicle. As a result of the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct, the plaintiff, MADISON CONROY, suffered the following injuries, some or all of which may be permanent in nature: Page 32 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 2726881 I JURIS NO. 408519 g) h) j) k) 1) Head pain; Head contusion; Headaches; Concussion; Post-concussive Loss of consciousness; Tinnitus; Chin pain; Chin contusions; Anxiety; Neck pain; Back pain; Sprained left collarbone with associated pain and discomfort; Left collarbone pain; Left wrist fracture with associated pain and discomfort; Left wrist pain; Left hand pain; Bi?lateral hip pain; Bi?lateral hip contusions; Page 33 of 49 MOORE, 81 FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT05762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 t) Bi-lateral leg pain; u) Bi?lateral leg contusions; v) Bi-lateral leg lacerations; w) Bi-lateral knee pain; x) Bi-lateral knee contusions; and y) Pain and suffering, both mental and physical. 8. As a further result of the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct, the plaintiff, MADISON CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 9. As a further result of the defendant, JOHN ARTHUR reckless, willful and/or wanton misconduct, the plaintiff, MADISON CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. EIGHTH COUNT: (MADISON CONROY v. JOHN ARTHUR MCDONALD) (Statutory Recklessness 14-295) 1. On September 25, 2019, at approximately 7:27 pm, the plaintiff, MADISON CONROY, was a passenger in a motor vehicle operated by LISA CONROY, that was traveling in a northerly direction on Route 188 and had reached a point in the Page 34 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 2. At same time and place, the defendant, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. 3. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop sign at its intersection with Route 188. 4. Sometime prior to 7:27 pm, on September 25, 2019, the defendant, JOHN ARTHUR MCDONALD, consumed intoxicating liquors. 5. At the same time and place, while driving intoxicated, disregarding a stop Sign, and driving at an excessive rate of speed, the motor vehicle operated by the defendant, JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle occupied by the plaintiff, thereby causing the plaintiff, MADISON CONROY, to suffer the injuries and losses more fully set forth below. 6. The collision was caused by the reckless disregard for the safety of others in violation of 14-295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, in one or more of the following ways: a) He operated the vehicle at a rate of speed greater than is reasonable, having due regard to the width, traffic, and use of the highway, road or parking Page 35 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 I TEL. (203) 272-5881 0 JURIS NO. 408519 b) d) 7. area, the intersection of streets and weather conditions, in violation of 14- 218a of the Connecticut General Statutes; He operated the motor vehicle in a reckless manner, in violation of 14- 222 of the Connecticut General Statutes, in that he knowingly drove while under the in?uence of intoxicating liquors or with an elevated blood alcohol content at a high rate of speed and disregarded a stop sign; He operated a motor vehicle while under the in?uence of intoxicating liquor, in violation of of the Connecticut General Statutes; and/or He operated a motor vehicle while he had an elevated blood alcohol content, in violation of of the Connecticut General Statutes. The aforementioned violations were a substantial factor in causing MADISON injuries and losses. 8. As a result of the reckless disregard for the safety of others in violation of 14-295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, the plaintiff, MADISON CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) b) Head pain; Head contusion; Page 36 of 49 MOORE, 8i FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 NO. 408519 g) h) j) k) 1) Headaches; Concussion; Post-concussive Loss of consciousness; Tinnitus; Chin pain; Chin contusions; Anxiety; Neck pain; Back pain; Sprained left collarbone with associated pain and discomfort; Left coilarbone pain; Left wrist fracture with associated pain and discomfort; Left wrist pain; Left hand pain; Bi?lateral hip pain; Bi-lateral hip contusions; Bi-lateral leg pain; Bi-lateral leg contusions; Page 37 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 v) Bi-lateral leg lacerations; w) Bi-lateral knee pain; x) Bi-lateral knee contusions; and y) Pain and suffering, both mental and physical. 9. As a further result of the reckless disregard for the safety of others in violation of 14?295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, the plaintiff, MADISON CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 10. As a further result of the reckless disregard for the safety of others in violation of 14-295 of the Connecticut General Statutes by the defendant, JOHN ARTHUR MCDONALD, the plaintiff, MADISON CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. NINTH COUNT: (MADISON CONROY v. THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC) (Dram Shop) 1. On September 25, 2019 and at all times mentioned herein, the defendant, THOMAS JOSEPH SOBOCINSKI and/or JASON SOBOCINSKI, was the permittee and the defendant, BLACK HOG BREWING BLACK HOG BREWING LLC, Page 38 of 49 MOORE, 8: FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 NO. 408519 was the backer of and was doing business as BLACK HOG BREWING LLC an establishment in which alcoholic beverages were sold, located at 115 Hurley Road, Building 9A, in Oxford, Connecticut. 2. On September 25, 2019, JOHN ARTHUR MCDONALD was a patron at BLACK HOG BREWING BLACK HOG BREWING LLC, where alcoholic beverages were served. 3. Agents, servants and/or employees of BLACK HOG BREWING BLACK HOG BREWING LLC served alcoholic beverages to JOHN ARTHUR MCDONALD while he was visibly intoxicated, in violation of 30-102 of the Connecticut General Statutes. 4. On September 25, 2019, at approximately 7:27 pm, the plaintiff, MADISON CONROY, was a passenger in a motor vehicle operated by LISA CONROY, that was traveling in a northerly direction on Route 188 and had reached a point in the roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 5. At same time and place, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. Page 39 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 6. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop Sign at its intersection with Route 188. 7. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the motor vehicle operated by JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle occupied by the plaintiff, thereby causing the plaintiff, MADISON CONROY, to suffer the injuries and losses more fully set forth below. 8. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, MADISON CONROY, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Head contusion; c) Headaches; d) Concussion; e) Post?concussive Page 40 of 49 MOORE, FOTI ATTORNEYS AT LAW 891 STRAITS TURNPIKE - MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 g) h) j) k) 1) Loss of consciousness; Tinnitus; Chin pain; Chin contusions; Anxiety; Neck pain; Back pain; Sprained left collarbone with associated pain and discomfort; Left collarbone pain; Left wrist fracture with associated pain and discomfort; Left wrist pain; Left hand pain; Bi-lateral hip pain; Bi?lateral hip contusions; Bi?lateral leg pain; Bi-lateral leg contusions; Bi-lateral leg lacerations; Bi-lateral knee pain; Bi-lateral knee contusions; and Page 41 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAETS TURNPIKE 0 MIDDLEBURY, CT06762 0 TEL. (203) 272-5881 I JURIS NO. 408519 y) Pain and suffering, both mental and physical. 9. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKJ and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, MADISON CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 10. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, MADISON CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. ll. This action is brought pursuant to 30?102 of the Connecticut General Statutes. 12. In compliance with 30-102 of the Connecticut General Statutes, the plaintiff has noti?ed the defendant of her intention to bring an action under this section. (Notice is attached hereto as Exhibit A). Page 42 of 49 MOORE, 8: FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 . JURIS NO. 408519 TENTH COUNT: (MADISON CONROY v. THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC) (Common Law Recklessness) 1. On September 25, 2019 and at all times mentioned herein, the defendant, THOMAS JOSEPH SOBOCINSKI and/or JASON SOBOCINSKI, was the permittee and the defendant, BLACK HOG BREWING BLACK HOG BREWING LLC, was the backer of and was doing business as BLACK HOG BREWING LLC an establishment in which alcoholic beverages were sold, located at 115 Hurley Road, Building 9A, in Oxford, Connecticut. 2. On September 25 2019, JOHN ARTHUR MCDONALD was a patron at BLACK HOG BREWING BLACK HOG BREWING LLC, where alcoholic beverages were served. 3. Agents, servants and/or employees of BLACK HOG BREWING BLACK HOG BREWING LLC served alcoholic beverages to JOHN ARTHUR MCDONALD while he was visibly intoxicated, in violation of 30?102 of the Connecticut General Statutes. 4. On September 25, 2019, at approximately 7:27 pm, the plaintiff, MADISON CONROY, was a passenger in a motor vehicle operated by LISA CONROY, that was traveling in a northerly direction on Route 188 and had reached a point in the Page 43 of 49 MOORE, 81 F011 I ATTORNEYS ATLAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 roadway at its intersection with Airport Road, both public streets or highways in Southbury, Connecticut. 5. At same time and place, JOHN ARTHUR MCDONALD, was the operator of a motor vehicle that was traveling in a westerly direction on Airport Road and had reached a point in the roadway at its intersection with Route 188. 6. At all times mentioned herein, westbound traf?c on Airport Road was governed by a stop sign at its intersection with Route 188. 7. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCIN SKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the motor vehicle operated by JOHN ARTHUR MCDONALD, suddenly and without warning collided with the motor vehicle occupied by the plaintiff, thereby causing the plaintiff, MADISON CONROY, to suffer the injuries and losses more fully set forth below. 8. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, MADISON CONROY, suffered the following injuries, some or all of which may be permanent in nature: Page 44 of 49 MOORE, 8: FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 g) h) j) k) 1) Head pain; Head contusion; Headaches; Concussion; Post-concussive Loss of consciousness; Tinnitus; Chin pain; Chin contusions; Anxiety; Neck pain; Back pain; Sprained left collarbone with associated pain and discomfort; Left collarbone pain; Left wrist fracture with associated pain and discomfort; Left wrist pain; Left hand pain; Bi-lateral hip pain; Bi-lateral hip contusions; Page 45 of 49 MOORE, 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE MIDDLEBURY, CT 06762 0 TEL. (203) 272?5881 0 JURIS NO. 408519 t) Bi-lateral leg pain; u) Bi-lateral leg contusions; v) Bi-lateral leg lacerations; w) Bi-lateral knee pain; x) Bi-lateral knee contusions; and y) Pain and suffering, both mental and physical. 9. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, MADISON CONROY, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to her recovery, and may be forced to expend additional sums in the future. 10. As a result of the sale of alcohol to JOHN ARTHUR MCDONALD by the defendant, THOMAS JOSEPH SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees, the plaintiff, MADISON CONROY, was unable, and remains unable, to participate in and enjoy her usual activities. 11. The collision and the damages mentioned above were caused by the reckless, willful and/or wanton misconduct of the defendant, THOMAS JOSEPH Page 46 of 49 MOORE, FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE I MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JUFHS NO. 408519 SOBOCINSKI and JASON SOBOCINSKI BLACK HOG BREWING BLACK HOG BREWING LLC, its agents, servants and/or employees in one or more of the following ways: a) b) d) They maintained an alcohol service policy within the bar in which intoxicated persons would not be refused service; They served numerous drinks to JOHN ARTHUR MCDONALD, which caused his intoxication, when the defendants knew, or should have known, that JOHN ARTHUR MCDONALD would operate a motor vehicle upon leaving the defendants? premises; They chose not to cut off JOHN ARTHUR MCDONALD when they knew he was intoxicated and likely to drive a motor vehicle on the roads of this State with other drivers; They allowed JOHN ARTHUR MCDONALD to operate a motor vehicle upon leaving the bar when they knew that JOHN ARTHUR MCDONALD was in an intoxicated state; and/or They continued to supply alcohol to JOHN ARTHUR MCDONALD who lacked the capacity to fully understand the risks associated with intoxication due to his propensity to drink alcohol excessively. Page 47 of 49 MOORE, 81 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL, (203) 272-5881 0 JURIS NO. 408519 WHEREF ORE, the plaintiff claims: 1. 2. Money damages as to all Counts; Punitive and exemplary damages as prescribed by law as to the Second Count, Fifth Count, Seventh Count, and Tenth Count; Double or treble damages pursuant to Connecticut General Statutes 14- 295 as to the Third Count and Eighth Count. THE LI "or ON CONROY 3/4 - Garrett\M. Moore, Sr. Moore O'Brien Foti I 891 raits Turnpike Mid/lerbury, CT 06762 v/P/hone: (203) 272- 5881 Juris No.1408519 Their Attorneys Page 48 of 49 MOORE, 81 F011 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 0 TEL. (203) 272-5881 0 JURIS NO. 408519 RETURN DATE: November 26, 2019 SUPERIOR COURT LISA CONROY, ET AL J.D. OF WATERBURY Vs. AT WATERBURY STATE OF CONNECTICUT, ET AL OCTOBER 26, 2019 STATEMENT OF AMOUNT IN DEMAND The amount of money damages claimed is greater than Fifteen Thousand Dollars exclusive of interest and costs. Garrej M. Moore, Sr. Moor O'Brien Foti 891 Szraits Turnpike Mi lebury, CT 06762 Rhone: (203) 272-5881 ?V/Juris No.: 408519 Their Attorneys Page 49 of 49 MOORE, 81 FOTI 0 ATTORNEYS AT LAW 891 STRAITS TURNPIKE 0 MIDDLEBURY, CT 06762 TEL. (203) 272-5881 0 JURIS NO. 408519 EXHIBIT A NOTICE PURSUANT TO 30-102 OF THE CONNECTICUT GENERAL STATUTES OF INTENTION TO INSTITUTE A LAWSUIT AND CLAIM MONEY DAMAGES NOTICE GIVEN TO: Thomas Joseph Sobocinski d/b/a Black Hog Brewing a/ k/ a Black Hog Brewing LLC Business Address: 115 Hurley Road, Building 9A Oxford, CT 0647 8 Thomas Joseph Sobocinski Business Address (1): 115 Hurley Road, Building 9A Oxford, CT 06478 Business Address (2): 93 Whitney Avenue New Haven, CT 06510 Business Address (3): 25 Brinsmade Road Hamden, CT 06514 Residence Address (1): 141 Greenwich Avenue New Haven, CT 06519 Residence Address (2): 25 Brinsmade Road Hamden, CT 06514 Jason Sobocinski Business Address: 115 Hurley Road, Building 9A Oxford, CT 06478 Residence Address: 153 Dessa Drive Hamden, CT 065 17 Black Hog Brewing LLC: Backer Business Address (1): 115 Hurley Road, Building 9A Oxford, CT 0647 8 Mailing Address (2): 15 Hurley Road, Building 9A Oxford, CT 06478 Agent for Service: Thomas Joseph Sobocinski Business Address (1): 115 Hurley Road, Building 9A Oxford, CT 06478 Business Address (2): 93 Whitney Avenue New Haven, CT 06510 Business Address (3): 25 Brinsmade Road Hamden, CT 06514 Residence. Address (1): 141 Greenwich Avenue New Haven, CT 06519 1 Moore, O?Brien Foti Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272-5881 JURIS NO. 408519 Residence Address (2): 25 Brinsmade Road Hamden, CT 06514 Thomas Joseph Sobocinski: Permittee Business Address (1): 115 Hurley Road, Building 9A Oxford, CT 06478 Business Address (2): 93 Whitney Avenue New Haven, CT 06510 Business Address (3): 25 Brinsmade Road Hamden, CT 06514 Residence Address (1): 141 Greenwich Avenue New Haven, CT 06519 Residence Address (2): 25 Brinsmade Road Hamden, CT 06514 Thomas Joseph Sobocinski: Limited Liability Member Business Address (1): 115 Hurley Road, Building 9A Oxford, CT 06478 Business Address (2): 93 Whitney Avenue New Haven, CT 06510 Business Address (3): 25 Brinsmade Road Hamden, CT 06514 Residence Address (1): 141 Greenwich Avenue New Haven, CT 06519 Residence Address (2): 25 Brinsmade Road Hamden, CT 06514 Tyler Jones: Limited Liability Member Business Address: 93 Whitney Avenue New Haven, CT 06510 Residence Address: 51 Spring Road North Haven, CT 06473 Kelly Ann Sobocinski: Limited Liability Member Business Address: 93 Whitney Avenue New Haven, CT 06510 Residence Address: 153 Dessa Drive Hamden, CT 065 1 7 2 Moore, O'Brien Foti Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272-5881 - JURIS NO. 408519 ON BEHALF OF: Madison R. Conroy (Age 19) 509 Shadduck Road Middlebury, CT 06762 DOB: 07/20/2000 PLEASE TAKE NOTICE THAT: On or about September 25, 2019, you, your servants, agents, and/ or employees, did for a valuable consideration, serve and or furnish intoxicating liquors to John Arthur McDonald (DOB 10/ 13/ 1982), of 1111 Country Club Road in Middletown, Connecticut, while he was in an intoxicated state. Said sale of intoxicating liquors took place while John Arthur McDonald, was at Thomas Joseph Sobocinski a Black Hog Brewing a/ a Black Hog Brewing LLC, 115 Hurley Road, Building 9A Oxford, CT 06478 between the hours of 8:00 am. and 7:27 pm. on September 25, 2019. As a result of said intoxication and the sale of intoxicating liquors to John Arthur McDonald by you, your servants, agents, and /or employees on that date, the automobile John Arthur McDonald was operating failed to stop at a stop sign and suddenly and without warning entered intersection and struck a motor vehicle Madison R. Conroy was in causing her vehicle to be pushed several feet across oncoming lanes of traffic and into the woods, thereby causing Madison R. Conroy to sustain and suffer injuries as follows: left wrist fracture with associated pain and discomfort; loss consciousness; left hand pain; left wrist pain; neck pain; tinnitus; back pain; sprained left collarbone with associated pain and discomfort; left collarbone 3 Moore, O'Brien Foti Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272-5881 JURIS NO. 408519 pain; bilateral leg pain; neck pain; bilateral knee pain; head pain; bilateral hip pain; chin pain; bilateral leg contusions; bilateral knee contusions; head contusion; bilateral hip contusions; bilateral leg lacerations; headaches; chin contusions; and anxiety. Additionally, Madison R. Conroy suffered pain, both mental and physical. Madison R. Conroy has been forced to incur substantial expenses for hospital and medical care, has been unable to work to her ?nancial detriment, has been unable and remains unable to participate in and enjoy life?s activities and has sustained a loss of earning capacity. The accident occurred on Route 188 a/k/a Strongtown Road in Southbury, Connecticut at its intersection with Airport Road at approximately 7:27 pm. on September 25, 2019. See attached Accident Information Summary. Take notice that Madison R. Conroy intends to pursue a claim for money damages against you. ??rda of October, 2019. Dated at Middlebury, Connecticut, this 1.7 Garrett M. Moore, Sr. For: Moore, O?Brien, 8r, Foti Her A orneys 4 Moore, O'Brien 85 Foti Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272?5881 JURIS NO. 408519 NOTICE PURSUANT TO 30-102 OF THE CONNECTICUT GENERAL STATUTES OF INTENTION TO INSTITUTE A LAWSUIT AND CLAIM MONEY DAMAGES NOTICE GIVEN TO: Thomas Joseph Sobocinski d/b/a Black Hog Brewing a/ k/ a Black Hog Brewing LLC Business Address: 1 15 Hurley Road, Building 9A Oxford, CT 06478 Thomas Joseph Sobocinski Business Address (1): 1 15 Hurley Road, Building 9A Oxford, CT 0647 8 Business Address (2): 93 Whitney Avenue New Haven, CT 06510 Business Address (3): 25 Brinsmade Road Hamden, CT 06514 Residence Address (1): 141 Greenwich Avenue New Haven, CT 06519 Residence Address (2): 25 Brinsmade Road Hamden, CT 06514 Jason Sobocinski Business Address: 115 Hurley Road, Building 9A Oxford, CT 06478 Residence Address: 153 Dessa Drive Hamden, CT 06517 Black Hog Brewing LLC: Backer Business Address (1): 115 Hurley Road, Building 9A Oxford, CT 06478 Mailing Address (2): 115 Hurley Road, Building 9A Oxford, CT 06478 Agent for Service: Thomas Joseph Sobocinski Business Address (1): 115 Hurley Road, Building 9A Oxford, CT 0647 8 Business Address (2): 93 Whitney Avenue New Haven, CT 06510 Business Address (3): 25 Brinsmade Road Hamden, CT 06514 Residence Address (1): 141 Greenwich Avenue New Haven, CT 06519 1 Moore, O'Brien Foti - Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272-5881 JURIS NO. 408519 Residence Address (2): 25 Brinsmade Road Hamden, CT 06514 Thomas Joseph Sobocinski: Permittee Business Address (1): Business Address (2): Business Address (3): Residence Address (1): Residence Address (2): 115 Hurley Road, Building 9A Oxford, CT 06478 93 Whitney Avenue New Haven, CT 06510 25 Brinsmade Road Hamden, CT 06514 141 Greenwich Avenue New Haven, CT 06519 25 Brinsmade Road Hamden, CT 06514 Thomas Joseph Sobocinski: Limited Liability Member Business Address (1): Business Address (2): Business Address (3): Residence Address (1): Residence Address (2): 115 Hurley Road, Building 9A Oxford, CT 06478 93 Whitney Avenue New Haven, CT 06510 25 Brinsmade Road Hamden, CT 065 14 141 Greenwich Avenue New Haven, CT 06519 25 Brinsmade Road Hamden, CT 06514 Tyler Jones: Limited Liability Member Business Address: Residence Address: 93 Whitney Avenue New Haven, CT 06510 51 Spring Road North Haven, CT 06473 Kelly Ann Sobocinski: Limited Liability Member Business Address: Residence Address: 93 Whitney Avenue New Haven, CT 06510 153 Dessa Drive Hamden, CT 06517 2 Moore, O?Brien Foti Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272-5881 JURIS NO. 408519 ON BEHALF OF: Lisa R. Conroy (Age 52) 509 Shadduck Road Middlebury, CT 06762 DOB: 1 1/28/ 1966 PLEASE TAKE NOTICE THAT: On or about September 25, 2019, you, your servants, agents, and/ or employees, did for a valuable consideration, serve and/ or furnish intoxicating liquors to John Arthur McDonald (DOB 10/ 13/ 1982), of 1111 Country Club Road in Middletown, Connecticut, while he was in an intoxicated state. Said sale of intoxicating liquors took place while John Arthur McDonald, was at Thomas Joseph Sobocinski a Black Hog Brewing a/ a Black Hog Brewing LLC, 1 15 Hurley Road, Building 9A Oxford, CT 06478 between the hours of 8:00 a.m. and 7:27 pm. on September 25, 2019. As a result of said intoxication and the sale of intoxicating liquors to John Arthur McDonald by you, your servants, agents, and /or employees on that date, the automobile John Arthur McDonald was operating failed to stop at a stop sign and suddenly and without warning entered the intersection and struck a motor vehicle Lisa R. Conroy was in causing her vehicle to be pushed several feet across oncoming lanes of traf?c and into the woods, thereby causing Lisa R. Conroy to sustain and suffer injuries as follows: traumatic macular hole of the right with associated pain and discomfort; loss of consciousness; bilateral wrist pain, bilateral hand pain; left shoulder pain, bilateral arm pain; bilateral leg pain; headaches; back pain; neck pain; abdomen pain; bilateral knee pain; right foot pain; right pain; bilateral leg pain; facial pain; head pain; chest pain; bilateral hip pain; right hip 3 Moore, O'Brien 8a Foti - Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272-5881 - JURIS NO. 408519 contusions; bilateral arm contusions; bilateral wrist contusions, bilateral hand contusions; bilateral wrist lacerations; contusions to right foot; lacerations to right foot; rib pain; bilateral knee contusions; bilateral knee lacerations; bilateral leg contusions; abdominal contusions; laceration to head; chest contusions; breast contusions; blurry vision; impaired vision; anxiety; and dizziness. Additionally, Lisa R. Conroy suffered pain, both mental and physical. Lisa R. Conroy has been forced to incur substantial expenses for hospital and medical care, has been unable to work to her ?nancial detriment, has been unable and remains unable to participate in and enjoy life?s activities and has sustained a loss of earning capacity. The accident occurred on Route 188 a/ k/ a Strongtown Road in Southbury, Connecticut at its intersection with Airport Road at approximately 7:27 p.rn. on September 25, 2019. See attached Accident Information Summary. Take notice that Lisa R. Conroy intends to pursue a claim for money damages against you. Dated at Middlebury, Connecticut, 4?1-aay of October, 2019. M. Moore, Sr. O?Brien, 85 Foti Her Attorneys 4 Moore, O'Brien Foti Attorneys at Law 891 Straits Turnpike, Middlebury, CT 06762 203 272-5881 JURIS NO. 408519 WITHDRAWAL STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov ADA NOTICE JD-CV-41 Rev. 1-18 The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA. Docket number UWY-CV-19-6051221-S Return date (For Civil and Housing cases only) Instructions: 1. Complete this form by selecting any applicable withdrawal categories below. 2. File with the clerk. Nov-26-2019 Answer date (For Small Claims cases only) Name of case (First-named Plaintiff vs. First-named Defendant) CONROY, LISA Et Al v. STATE OF CONNECTICUT Et Al ✖ Judicial District Housing Session Address of court (Number, street, town and zip code) 300 GRAND STREET WATERBURY, CT 06702 Dispositive (Complete) Withdrawal (Do not check the following two boxes if any intervening complaints, cross complaints, counterclaims, or third party complaints remain pending in this case. See below for partial withdrawal of action.) (WDACT) The Plaintiff's action is WITHDRAWN AS TO ALL DEFENDANTS without costs to any party. (WOARD) A judgment has been rendered against the following Defendant(s): and the Plaintiff's action is WITHDRAWN AS TO ALL REMAINING DEFENDANTS without costs. Partial Withdrawal The following pleading(s), motion(s) or other paper(s) in the case named above is or are withdrawn: (WDCOMP) (WAPPCOM) Apportionment Complaint Complaint (WOC) (WDINTCO) Counterclaim Intervening Complaint (WDCC) (WDTHPC) Third Party Complaint Cross Complaint (cross claim) (WDCOUNT) Counts of the complaint: Plaintiff(s): (WOAAP) ✖ Complaint against defendant(s): (WOAAD) only without costs D-03 THOMAS JOSEPH SOBOCINSKI *See additional page Motion: Other: (WOM) Signature of Filer(s) Party P-01 LISA CONROY ; By MOORE O'BRIEN & FOTI Party P-02 MADISON CONROY ; By MOORE O'BRIEN & FOTI Party ; By Party ; By Name & Address of Filer(s): ► Attorney or Selfrepresented party Attorney or Selfrepresented party Attorney or Selfrepresented party Attorney or Selfrepresented party GARRETT MICHAEL MOORE SR 891 STRAITS TURNPIKE, MIDDLEBURY, CT 06762 Certification I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on Jan-13-2020 (date) to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties of record who received or will immediately be receiving electronic delivery. Name and address of each party and attorney that copy was or will be mailed or delivered to* For Court Use Only COONEY SCULLY & DOWLING - HARTFORD SQUARE NORTH/10 COLUMBUS BOULEVARD/ HARTFORD, CT 06106 *If necessary, attach additional sheet or sheets with name and address which the copy was or will be mailed or delivered to. Signed (Signature of filer) Print or type name of person signing ► 308035 GARRETT MICHAEL MOORE SR Date signed Jan-13-2020 Mailing address (Number, street, town, state and zip code) Telephone number 891 STRAITS TURNPIKE MIDDLEBURY, CT 06762 203-272-5881 Continuation of JDCV41 Withdrawal for UWY-CV-19-6051221-S Submitted By MOORE O'BRIEN & FOTI (408519) Additional Party or Parties (Continued from JDCV41) Withdrawal of Action as to Particular Defendants - Case Remains Pending (WOAAD) Party# D-04 JASON SOBOCINSKI Party# D-05 BLACK HOG BREWING LLC ***** End of Party List ***** Continuation of JDCV41 Withdrawal for UWY-CV-19-6051221-S Submitted By MOORE O'BRIEN & FOTI (408519) Certification of Service (Continued from JDCV41) Name and Address at which service was made: BERCHEM MOSES PC - 75 BROAD STREET/MILFORD, CT 06460 HALLORAN & SAGE - 315 POST ROAD WEST/WESTPORT, CT 06880 THE MENT LAW GROUP PC - 225 ASYLUM STREET/15TH FLOOR/HARTFORD, CT 06103 ***** End of Certification of Service *****