The verdict, with interest, totals more than $9.5 Million
Springfield, Mass.: A Hampden County jury has awarded $7 Million to the family of Zoe Rosenthal, a Holyoke teacher who died as a result of injuries sustained due to the actions of a negligent driver, Charles J. Davignon, also of Holyoke, MA. The family was represented by attorneys Nicholas Rowley and Benjamin Novotny of Trial Lawyers for Justice and Charlotte Glinka and Karen Zahka of Keches Law Group, P.C. in Milton, MA. The trial lasted just three days.
On the evening of November 27, 2017, Zoe Rosenthal, age 52, was out for a walk with her dog just a few blocks from her home. She was in a marked crosswalk when the defendant, Charles J. Davignon, took a left turn in his truck, striking Ms. Rosenthal and knocking her to the pavement, causing her head to hit the ground. She was taken by ambulance to Baystate Medical Center in Springfield where a CT scan revealed a skull fracture and a brain hemorrhage. She succumbed to her injuries two days later, on November 29, 2017.
One of the plaintiffs’ expert, an ophthalmologist, testified at trial that Mr. Davignon had a severe visual impairment in his left eye that would have impeded his ability to see a pedestrian on his left as he was approaching the intersection.
“This has been a devastating loss to Zoe Rosenthal’s family and to the community of friends and colleagues who adored her,” said Attorney Charlotte Glinka.
Ms. Rosenthal’s two daughters, Chelsea and Tiffany Castillo, testified during the emotional trial about how instrumental their mom was in raising them as a single mother and how dedicated she was as an educator.
“She was a great mom, and she makes me want to be the best mom I can be” said Tiffany Castillo, while testifying about the influence her mom had on her growing up.
The $7 million verdict consists of $3 million for each surviving daughter and $1 million for the pain and suffering Ms. Rosenthal endured, plus more than $2.5 million in pre-judgment interest.
“It’s an honor to see two wonderful daughters finally get justice. For the last three years, the defendant refused to take responsibility for their mother’s death. That changed during this trial. This trial was necessary because the insurance company acted irresponsibly and cheaply. Now they’ll have to face the consequences,” said Attorney Nicholas Rowley.
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