Lawsuits filed in Stamford drunk driving crash

STAMFORD — Three people seriously injured by a man charged by police with drunk driving have filed lawsuits against the driver.

Suits have also been filed against the owner of a Springdale home where the driver attended a drinking party on the night of the crash.

According to separate suits filed on behalf of the trio injured in the crash — brothers Michael and Christopher Daly and Julia Westerman — the three were in the front yard of a Hope Street house early in the morning of June 20, putting things away from a small get-together they had with another woman that evening.

At 12:51 a.m., according to police, a black Toyota Avalon driven by Sarmad Hussain, 22, of Caldwell Avenue, jumped a curb, went over a sidewalk and crashed through a neighboring hedge before the vehicle came to rest in the front yard where the brothers and Westerman were tidying up.

Arriving officers said they entered an extremely chaotic, loud and crowded scene, with one of the brothers lying face up on the driveway, covered in blood with his limbs “misconfigured” and slipping in and out of consciousness, Hussain’s arrest affidavit said. The second victim, a woman, was lying in the grass, mouth full of blood and fading in and out of consciousness. A third man was pacing back and fourth in the yard with injuries to his teeth and cuts to his arms and legs.

Bystanders pointed out Hussain and police officers went to escort him out of the front yard, and while doing so “reported smelling an extremely strong odor of alcoholic beverage emanating” from him, according to the affidavit.

Police determined that Hussain was driving 87 mph in a 30 mph zone and he had a blood alcohol concentration of .014, nearly twice the legal limit of .08. He was charged with three counts of second-degree assault with a motor vehicle, driving under the influence and reckless operation and was released after posting a $100,000 court appearance bond.

Nic Wocl, who is representing Westerman, said “The lesson to this story is about how fragile one’s health can be. In the blink of an eye you can be doing the socially responsibly thing, not going to a bar or being in large groups, and it was like they were hit by a meteor. The odds of these people being injured like this are one in a million. They were doing everything right.”

According to one of the suits filed by Stamford attorney Philip Russell on behalf of the brothers before the crash, Hussain attended a keg party of a friend on Hope Street. The suit said Hussain had been drinking at the party, which police visited that evening, and was drunk when he drove the 1.8 miles south on Hope Street before crashing. On top of the beer served at the home of Gladys TurbayAcuna, the suit claims that guests were allowed to bring their own alcohol and others, including Hussain, openly drank until many of them became intoxicated.

The suit said as a result of Turbay-Acuna’s negligence and carelessness by failing to take measures to safely transport intoxicated guests, the Daly brothers suffered physical injuries and mental anguish and the loss of the enjoyment of life’s activities.

The suit filed by Wocl, on behalf of Westerman, makes a similar claim.

Wallingford Attorney Alan Tobin, who represents Turbay-Acuna, said he could not make any comments about ongoing litigation, but denied his client had any liability in the matter.

According to the filings, Michael Daly’s shin was ripped open, he had ankle and foot fractures, had four broken ribs, the skin on his hip was peeled off and he can’t walk without assistance. He has not been able to return to work because of his injuries.

Christopher Daly suffered a concussion, road rash from his right leg to his shoulder, deep bruising, shoulder and wrist pain, loosened teeth, dizziness and continuing pain in his shoulder, calf and teeth.

Westerman, who is in public relations, fractured her jaw in two places, requiring having her jaw wired, suffered significant bleeding from her face and mouth, chipped teeth, including a front tooth, back pain, right knee pain, right shoulder pain and a severe shot to the entire nervous system.

As well as suing Hussain for negligent, careless and reckless operation of his car, the suits allege that two days after the crash Hussain signed over a 4,000-squarefoot home he owned on Caldwell Avenue to his parents for $1 and the quitclaim deed was recorded in city land records July 20.

The suit also alleges that Hussain signed over the five-bedroom home on a quarter acre worth between $630,000 and $670,000 “so as to avoid paying judgments or debts to plaintiffs that could have arisen against him in the future.”

Wocl says the fact that Hussain got rid of the property right after the accident shows consciousness of liability, just like a criminal running from the scene of a crime shows consciousness of guilt.

In the suit Russell filed on behalf of the brothers he said, “The plaintiff believes there is a reasonable likelihood that the defendant’s liability insurance policy limits are insufficient to satisfy or will not cover the potential judgment in this case thus a prejudgement remedy is sought to prevent the defendant from disposing of his property with intent to hinder, delay or defraud the plaintiff.”

That suit is asking for a $1 million prejudgement remedy from Hussain, a $500,000 judgment from his father and $500,000 judgment from Turbay Acuna.

Bridgeport Attorney Robert Sickinger, who is representing Hussain, and Fairfield attorney James O’Donnell declined comment on the case.

In their suits charging fraudulent conveyance of the Caldwell Avenue property, Russell and Wocl are demanding that the property be returned to Sarmad Hussain’s possession.

“In a case such as this where you have grievous injuries, it would be unwise to fix a number on the damages when the medical outcome remains unknown,” Russell said when asked about what sort of monetary damages he wants for his clients.

As for Westerman, Wocl said, “We are seeking a full, fair and complete compensation for all her injuries, damages and losses. From him we want to make sure that there is restitution for anything not covered by insurance because this should not be coming out of my client’s pockets.”