Tischer Estate vs. Roe

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RETURN DATE: DECEMBER 27, 2011 : SUPERIOR COURT

ESTATE OF BRUCE H. TISCHER : J.D. OF NEW HAVEN

VS. : AT NEW HAVEN

DUANE ROE , ET AL : NOVEMBER 8, 2011

COMPLAINT

COUNT ONE: NEGLIGENCE AGAINST DUANE ROE

1. On or about March 19, 2010, Bruce E. Tischer was appointed

Administrator of the Estate of Bruce H. Tischer by the West Haven Probate Court and

bringing this action pursuant to C.G.S. §52-555(a) to recover all damages to which the

Estate of Bruce H. Tischer is legally entitled to under said statute including, but not

limited to, both economic and non-economic damages.

2. At all times mentioned herein Leavenworth Road (Route 110) and Walnut

Tree Hill Road are and were public highways in the Town of Shelton, County of Fairfield

and State of Connecticut.

3. On or about March 18, 2010, at approximately 10:18 p.m., the plaintiff

Bruce H. Tischer a resident of the City of West Haven, County of New Haven, and State

of Connecticut was the owner and operator of a 1991 Honda Motorcycle and was

traveling eastbound on Leavenworth Road in the Town of Shelton and State of

Connecticut.



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4. At that time and place, the defendant Duane Roe a resident of the Town of

Shelton, County of Fairfield and State of Connecticut was the owner and operator of a

1995 Dodge Pickup Truck and was traveling westbound on Leavenworth Road in the

Town of Shelton and State of Connecticut.

5. At that time and place, the defendant Elaine Duckworth a resident of Town of

Monroe, County of Fairfield, and State of Connecticut was the operator of a red Subaru

and was stopped at a stop sign in the northbound lane of Walnut Tree Hill Road at the

intersection at Leavenworth Road.

6. At that time and place, the defendant Duane Roe was intending to make a left

hand turn onto Leavenworth Road and at that time the Defendant operator, Elaine

Duckworth stopped at Walnut Tree Hill Road, facing northbound, adjacent to the posted

stop sign at the intersection. The Defendant, Elaine Duckworth signaled by way of

flashing her headlights on the vehicle she was operating towards the Defendant Duane

Roe’s vehicle, wherein the Defendant Elaine Duckworth remained stopped to allow

Duane Roe’s vehicle to turn left, whereupon the vehicle owned and operated by Duane

Roe made a left turn onto Walnut Tree Hill Road from Leavenworth Road and was

crossing the eastbound lane of Leavenworth Road directly into the path of the

decedent’s motorcycle, colliding with the decedent and causing him to be ejected from

his motorcycle and forcibly be thrown to the ground, severely injuring him as more fully

set forth below, and ultimately causing his death.



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7. The collision was due to the carelessness and/or negligence of the

defendant Duane Roe in any one or more of the following ways:

a. In that he failed to keep a reasonable and proper lookout and to

pay attention to where he was going;

b. In that he operated said motor vehicle at a greater rate of speed

than the circumstances warranted;

c. In that he failed to sound his horn or give the plaintiff a timely

warning, or any warning whatsoever, of the impending collision;

d. In that he failed to keep and operate said vehicle under proper

control;

e. In that he failed to grant the right of way in violation of Section 14-

245 of the Connecticut General Statutes.

f. In that he failed to make a proper left hand turn in violation of

Connecticut General Statutes § 14-241;

g. In that he failed to make a proper left hand turn in violation of

Connecticut General Statute § 14-242(e);

h. In that he negligently operated said vehicle causing the death of

another person in violation of Connecticut General Statute § 14-

222a.



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i. In that he violated Connecticut General Statute §53a-57,

misconduct with a motor vehicle;

j. In that he violated Connecticut General Statute §53a-58, criminally

negligent homicide.

8. As a result of said incident, Bruce H. Tischer was violently struck and

sustained the following injuries:

a. Multiple blunt traumas

b. Abrasions and lacerations to neck

c. Abrasions and lacerations to chin

d. Discomfort

e. Loss of mobility

f. Pain and suffering

h. Shock to his entire nervous system

i. Loss of enjoyment of life activities

j. Mental anguish

k. Death of Bruce H. Tischer

l. Shock

m. Concussion

n. Loss of enjoyment of life’s activities with his children



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9. As a further result of the accident and carelessness and negligence of the

defendant driver expenses for hospital care, medical care, medicines, x-rays and

funeral and burial expenses were incurred on behalf of the deceased.

10. As a further result of the accident and the carelessness and negligence of

the defendant driver the deceased capacity to earn wages and carry out life’s activities

and the companionship with his two minor children was permanently destroyed.

COUNT TWO: VIOLATION OF C.G.S. 14-295 AGAINST THE DEFENDANT

DUANE ROE

1-6. Paragraphs 1 through 6, inclusive, of Count One are hereby

incorporated herein by reference and are hereby made Paragraphs 1 through 6,

respectively, of this Count Two as though fully set forth herein.

7. Said injuries were caused by the deliberate and reckless disregard by the

defendant, Duane Roe, in the operation of said motor vehicle in any one of the following

ways and/or in any combinations thereof and such violations individually or in

combination were a substantial factor in causing property damages and injuries

sustained by the plaintiff and referred to in this complaint, in that:

a. in that he was operating his vehicle at an unreasonable rate of speed

having due regard for the traffic, weather, width and use of the highway

and the intersection of streets and in violation of Connecticut General

Statues Section 14-218(a);



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b. in that he was operating his vehicle recklessly and having due regard

for the traffic, weather, width and use of the highway in violation of

§14-222 of the Connecticut General Statutes;

c. in that he operated his vehicle recklessly causing death, in violation of

§14-222a.

8. Such violations referred to in subparagraphs a., b. and c. above were

deliberate and/or performed with reckless disregard and were individually a substantial

factor in causing the injuries and damages referred to herein.

9. - 11. Paragraphs 8 through 10, inclusive, of the First Count are herby made

paragraphs 9 through 11, respectively, of this Second Count as if fully set forth herein.

COUNT THREE: NEGLIGENCE AGAINST THE DEFENDANT ELAINE

DUCKWORTH

1-6. Paragraphs 1 through 6, inclusive, of Count One are hereby

incorporated herein by reference and are hereby made Paragraphs 1 through 6,

respectively, of this Count Three as though fully set forth herein.

7. The collision was due to the carelessness and/or negligence of the defendant

Elaine Duckworth in any one or more of the following ways:



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a. In that she failed to keep a reasonable and proper lookout and

to pay attention to the vehicle owned and operated by the

decedent;

b. In that she negligently signaled with her lights for Duane Roe to

proceed into the intersection without a proper lookout for other

vehicles on said highway;

c. In that she negligently encouraged by flashing her lights, Duane

Roe to enter the highway in the travel portion whereupon

Duane Roe’s vehicle struck the decedent’s motorcycle and she

did so without proper authority and/or expertise;

d. In that she failed to keep a proper look out for the oncoming

traffic when she directed the Defendant Duane Roe by flashing

her headlights to proceed into the travel portion of the highway;

e. In that she negligently flashed her headlights in the direction of

Defendant Duane Roe causing his attention to focus on her

lights before he proceeded to collide his vehicle with the

decedent’s motorcycle;

8. - 10. Paragraphs 8 through 10, inclusive, of the First Count are herby made

paragraphs 8 through 10, respectively, of this Third Count as if fully set forth herein.



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WHEREFORE the plaintiff claims:

1. Damages

2. As to Count Two double or treble damages as provided by

§14-295 of the Connecticut General Statutes.

THE PLAINTIFF

BY ________________________ Richard AltschulerAltschuler & Altschuler

509 Campbell AvenueWest Haven, CT 06516Tel No.: 203-932-6464Juris No.: 100877



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RETURN DATE: DECEMBER 27, 2011 : SUPERIOR COURT

ESTATE OF BRUCE H. TISCHER : J.D. OF NEW HAVEN

VS. : AT NEW HAVEN

DUANE ROE , ET AL : NOVEMBER 8, 2011

STATEMENT OF AMOUNT IN DEMAND

The amount in legal interest or property in demand is $2,500 or more, exclusive

of interest and costs.

THE PLAINTIFF,

BY ________________________ Richard AltschulerAltschuler & Altschuler509 Campbell AvenueWest Haven, CT 06516Tel No.: 203-932-6464Juris No.: 100877

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Tischer Estate vs. Roe