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DOT, Truck Driver Found Liable For 2008 Crash That Killed One

A Superior Court jury in New Haven on Monday awarded $2.72 million to a man for injuries he suffered in a crash on I-95 in Orange in September 2008, and $4 million to the estate of a man killed in the crash.

The state Department of Transportation and a truck driver, William Clifford, were found liable by jurors after a six-day trial. The jury assigned 30 percent of the blame to the state DOT and 70 percent to Clifford. Clifford, of Plymouth, Mass., did not attend and was not represented during the trial.

According to the lawsuit, David Tremper of Wallingford was driving south on I-95 near exit 41 when he was forced to move into the center lane to avoid a DOT truck. The DOT driver had stopped his truck in the roadway to clear debris, according to the lawsuit.

As traffic slowed, Tremper's car was struck by behind by Clifford's tractor trailor truck.

Tremper's lawyer, Timothy P. Pothin of the New Haven firm Stratton Faxon, argued that the DOT driver was negligent.

The estate of Modesto Palafox-Muñoz, who died in the crash, was represented by Marisa A. Bellair of the New Haven firm Lynch, Traub, Keefe & Errante. Palafox-Muñoz was from Texas.

Pothin said the trucker was an independent contractor working for Eagle Air Freight. He had insurance, "but was grossly under insured," Pothin said.

Just how much of the award levied against Clifford will ever be collected is not clear.

The state Department of Transportation did not immediately respond to a request for comment.