Summary
awarding punitive damages against defendant who committed "daily sexual assaults" for approximately eight years
Summary of this case from Nat'l Waste Assocs. v. Lifeway Christian Res. of the S. Baptist ConventionOpinion
WWMCV136007652S
05-19-2016
Linda Jurgelewicz, Conservator of the Estate of Heather Jurgelewicz, Ward v. Terrence W. Macy, Commissioner of the Department of Developmental Services et al
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
Harry E. Calmar, J.
This action was instituted by Linda Jurgelewicz, Conservator of the Estate of Heather Jurgelewicz (hereinafter referred to as Plaintiff Conservator) by Complaint dated November 13, 2013, with a return date of December 24, 2013. The Defendant, Terrence W. Macy, Commissioner of the Department of Developmental Services, (hereinafter referred to as Defendant Macy) appeared by counsel. On December 11, 2015, the Plaintiff filed a Withdrawal of Action against Defendant Macy, the case having been settled between the Plaintiff and the Defendant Macy. Ellis Hagstrom (hereinafter referred to as Defendant Hagstrom) was served in hand with the Writ, Summons and Complaint on November 18, 2013. The Plaintiff filed a Motion for Default for Failure to Appear against Defendant Hagstrom, which motion was granted on January 26, 2015. The matter came before the Court on February 22, 2016 for a Hearing in Damages.
The Plaintiff Conservator testified that her daughter and ward, (hereinafter referred to as Heather) is presently forty-one (41) years of age. At approximately nine (9) months of age, it was discovered that Heather had significant brain injuries and was subsequently diagnosed with a number of disabilities and medical conditions including but not limited to severe mental retardation, seizure disorder and cerebral palsy. Heather is non-verbal and was unable to testify.
The Plaintiff Conservator further testified that she cared for her daughter at her home for thirty (30) years prior to Heather's care being transferred to a facility operated by the State of Connecticut. The Plaintiff Conservator testified that in 2003 it became apparent to her that she could no longer physically care for the needs of her daughter and on February 25, 2003, Heather was placed in a group home run by the State of Connecticut, Department of Developmental Disabilities located at 52 Taos Drive, Danielson, Connecticut where she remained until 2015.
While Heather cannot speak, she can communicate her likes, dislikes, pain, discomfort, pleasure and her preferences for watching television, videos and listening to music. She can express discomfort by making sounds and when in pain or sad, she cries and tears run down her face. She also smiles and laughs when happy and becomes excited watching one of her favorite DVDs. She communicates by facial expression, and is able to shut off the video switch that controls television and videos from her wheelchair. While in the care of the State of Connecticut it was observed that she is very aware of her surroundings, and can communicate many of her wants and desires effectively through facial expressions, vocalizations and body language. It is further noted she loves to be surrounded by the hustle and bustle of activities, that she is curious, and enjoys playing on the computer. The State of Connecticut Department of Developmental Services Individual Plan further noted that " Her rowdy sense of humor and laugh are telltale signs that she may be paying attention to the world better than everyone else in spite of her limitations . . . she can have a quick temper when things don't go her way, her eyes and face are very expressive, and she had a capacity to acknowledge and communicate both joy and disapproval."
On November 23, 2011, a warrant for the arrest of the Defendant Hagstrom was issued by the Superior Court Judicial District of Windham at Danielson. The arrest warrant application sets forth the details of the allegations against Defendant Hagstrom including the fact that he admitted sexually assaulting the Plaintiff Conservator's daughter, Heather, from the time that she began residing at the facility until 2011 when he was arrested. Defendant Hagstrom admitted that he held the title of Developmental Services Worker II and that his duties were to care for clients with developmental needs including mental retardation and that he cared for Heather. Defendant Hagstrom admitted that Heather could not communicate verbally and he stated that he had both vaginal and anal sex with Heather and another victim who shared the same bedroom. He estimated that he had intercourse with the victims once every couple of weeks since the year 2000. Defendant Hagstrom further indicated that the sexual assaults took place at night when the victims were in bed and there was the least amount of staff working. He detailed how he took precautions so that no one would discover his assaults. The staff at the home discovered a bruise on one of the other victims which led to medical exams, and the subsequent arrest of the Defendant Hagstrom. On November 14, 2014, Defendant Hagstrom pled guilty to four (4) counts of violation of Section 53a-71(a)(5) (Sexual Assault in the Second Degree) and received an effective sentence of forty (40) years suspended after sixteen (16) years served.
The Plaintiff Conservator testified that when she became aware of the allegations against Defendant Hagstrom, she was able to understand better some of the behavior of her daughter while she was at the group home and testified further that she was horrified that both she and the State of Connecticut had not done more to protect her daughter. She testified that when some of her relatives came to see Heather including a brother-in-law who was a similar size to the Defendant Hagstrom, she had to ask him to leave because Heather became so upset. Heather is still afraid of men to this day. She further testified that when her diaper was removed, she became very nervous. On occasion, Heather returned to her mother's home. On several occasions, Defendant Hagstrom came to the home to pick her up and Heather was very nervous, crying and indicating that she did not want to go with him. Being totally helpless and unable to speak, she was unwittingly sent to be transported back to the group home with the individual who had been assaulting her.
The pain, suffering and mental anguish sustained by this severely disabled victim is apparent upon review of all the testimony and evidence presented at the hearing entitling the Plaintiff to an award of significant monetary damages. The Plaintiff is also entitled to an award of punitive damages as a result of the Defendant Hagstrom's conduct. The Plaintiff and the law firm she retained to represent her in this matter entered into a Contingent Fee Agreement which has been entered in to evidence as Exhibit " E."
ORDERS
The Defendant having been previously defaulted for his failure to appear, it is hereby ORDERED:
That Judgment enter in favor of the Plaintiff Conservator and against the Defendant Hagstrom in the amount of Five Million Dollars & 00/100 ($5,000,000.00), said sum being fair, just and reasonable damages sustained by the Plaintiff Ward as a result of the Defendant's daily sexual assaults of her over an approximately eight (8) year period.
It is further found that the testimony warrants a finding that the Defendant Hagstrom's actions revealed a reckless indifference to the rights of the Plaintiff's ward and an intentional and wanton violation of those rights. Collens v. New Canaan Water Co., 155 Conn. 477, 489, 234 A.2d 825 (1967). Venturi v. Savitt, Inc., 191 Conn. 588, 592, 468 A.2d 933 (1983); see West Haven v. Hartford Ins. Co., 221 Conn. 149, 160, 602 A.2d 988 (1992). The evidence discloses that the Defendant Hagstrom acted with reckless indifference to the rights of the Plaintiff's ward and an actual intention to do harm to the plaintiff is not necessary. 428 Collens v. New Canaan Water Co., supra, 155 Conn. at 490, 234 A.2d 825.
As punitive damages, the Court awards the sum of Six Hundred Sixty Thousand Dollars & 00/100 ($660,000.00), said sum representing the Plaintiff's attorneys fees awarded pursuant to the fee agreement entered into.