The Transportation Professional Issue 1, 2020 featuring Mike Paine, Paine's Inc. Vol 1 Edition1

tthe ransportation
PROFESSIONAL
Q1 SPRING 2020 | VOLUME 1, EDITION 1

SERVICE
MATTERS

MIKE PAINE,

PAINE’S, INC.
AND MTAC
CHAIRMAN

DISTRACTED DRIVING
& INSURANCE

NUCLEAR VERDICTS
EMISSIONS
REDUCTION
GRANTS

OVERDUE PRAISE
FOR TRUCKING

THE OFFICIAL MAGAZINE OF THE MOTOR TRANSPORT ASSOCIATION OF CONNECTICUT

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TABLE OF CONTENTSThe Transportation Professional THE OFFICIAL MAGAZINE OF THE MOTOR TRANSPORT ASSOCIATION OF CONNECTICUT
Q1 SPRING 2020 – INAUGURAL EDITION

COVER STORY P 12

SERVICE
MATTERS

Getting to know
Mike Paine,

Paine’s Inc. and MTAC chairman

BY STEVE BRAWNER

FEATURES

8 When Technology Is on
Your Side

MTAC member insurance
companies examine benefits
of using dash cams and other
technological advances to
mitigate blockbuster insurance
payments

BY RENEE MILLER

16 Nuclear Verdicts

To help avoid big verdicts, start
preparing long before trial

BY STEVE BRAWNER

19 Bad News for VW =
Good News for Some

Select MTAC members receive
grants due to VW’s EPA violation
to boost their bottom line

BY DAN CALABRESE

DEPARTMENTS

5 President’s Message

Overdue Praise for the U.S.
Trucking Industry

BY JOSEPH SCULLEY

5 MTAC’s Board of Directors
22 Calendar of Events
22 MTAC New Members

22 Advertiser Resource Index

IMAGES ON THE COVER AND THIS PAGE OF MIKE PAINE BY AL FERREIRA.
Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 3

=Safety on the Road

Insurance Dividends

Nearly $750,000 in dividends Rob Bouvier, President
paid to MTAC businesses so far! 860-232-4491 x104
[email protected]
Get a competitive edge with a comprehensive property casualty
insurance program that pays dividends when group and individual Lindsey Irvin, Vice President
loss ratio thresholds are met. If you have a fleet of vehicles based National Accounts
in Connecticut and are a member of MTAC, you may qualify for 860-232-4491 x148
this exclusive program. You’ll simplify the insurance experience, [email protected]
too, teaming with Bouvier Insurance and Acadia Insurance –
leading local firms that understand your industry and the state’s
unique transport landscape. Contact Rob or Lindsey today.

Insure like family.

tthe ransportation President’s Message
PROFESSIONAL
Overdue Praise for the U.S. Trucking Industry
The Official Magazine of the I have always been proud to represent the trucking industry, and I have been especially proud of
Motor Transport Association of Connecticut the industry during the COVID-19 pandemic. As we have long known, the commercial trucking
The Transportation Professional is owned by the industry is essential to the American economy. However, people who do not work in the industry
Motor Transport Association of Connecticut and may not have realized this. They may not have stopped to think about how the trucks they see
is published biannually in 2020 and quarterly on highways and even local roads are directly serving the stores they shop at. This year, a series of
starting in 2021 by Matthews Publishing Group. unfortunate events caused by the COVID-19 pandemic caused many Americans to truly appreciate
the trucking industry.
For additional copies, to order reprinted of
individual articles or to become a subscriber to I really want to give our sincere thanks to the trucking
The Transportation Professional, please contact Joe industry, with a special shout-out to America’s truck
Sculley at [email protected]. For details about advertising, drivers for their heroic actions during this time. I know
that it has not been easy, but the whole country is just
please contact Jennifer Matthews-Drake at cheering on America’s truckers. I want the families
[email protected]. and the loved ones of truck drivers to know that we’re

Publisher Jennifer Matthews-Drake thinking about them as well. We appreciate so
much their support for their loved ones — the truck
[email protected] drivers — so that they can perform an essential service

Executive Editor Joseph Sculley for our country during this critical time.
— Transportation Secretary Elaine Chao
[email protected]

Creative Director Fran Sherman
[email protected]

Graphic Designer Barbara Negron
Ad Production Doug Benjamin

Photographers Clay Cook
Chris Fain
Contributing Writers Al Ferreira
Daniel Grey
Larry Kuzniewski
Caleb Shane Lollar
John David Pittman

Steve Brawner
Renee Miller

David Monteith
Derek Rayment
Jennifer Barnett Reed

John Schulz
Lacey Thacker

Todd Traub

www.mtac.us
MTAC Staff

President
Joseph Sculley
[email protected]

Accounting Manager
Nancy Lewandowski

[email protected]

Motor Transport Association of Connecticut is an affiliate of As the COVID-19 virus began spreading across the country, states began issuing “shelter in
the American Trucking Associations. MTAC is a Connecticut place” orders, which were often effective within a day or two. This unfortunately caused panic
among residents, and led to appropriately-named “panic buying.” People started buying weeks or
corporation of trucking companies, private carrier fleets months’ worth of food, cleaning supplies, and toilet paper. Grocery store shelves were suddenly
and businesses which serve or supply the trucking industry. empty, even though more shoppers were demanding these same things. There was no need to
worry, because the trucking industry was coming to the rescue.
MTAC serves these companies as a governmental affairs
representative before legislative, regulatory and executive MTAC members were ready to ramp up deliveries to grocery stores, but they just needed a little
branches of government on issues that affect the trucking flexibility on driving limits in order to do so. Accordingly, MTAC worked with state and federal
industry. The organization also provides public relations government officials to push for Hours of Service waivers. The Connecticut state government quickly
services, education services, operational services and serves
as a forum for industry meetings and membership relations. CONTINUED 

For more information, contact: Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 5
Motor Transport Association of Connecticut

60 Forest Street, Hartford, CT 06105
Telephone 860-520-4455
Facsimile 860-520-4567
www.mtac.us

President’s Message continued Motor Transport Association of Connecticut Inc.
2020 BOARD OF DIRECTORS
issued an Hours of Service waiver that allowed truck drivers to drive overtime if they were providing
direct assistance in response to the emergency by transporting food, fuel, and medical supplies, to OFFICERS
name a few examples. The Federal Motor Carrier Safety Administration (FMCSA) quickly followed
and issued a nationwide Hours of Service exemption for operations in direct response to the CHAIRPERSON TREASURER
emergency. It was the first time FMCSA ever issued a nationwide Hours of Service waiver. MICHAEL PAINE NORM BOLDUC

The state and the federal government took these actions because they knew they needed to give Paine’s Inc. Kay’s Trucking
the trucking industry maximum flexibility to do its job, which is to get critical supplies to where
they need to go. These actions allowed the trucking industry, led by MTAC members, to get food to FIRST VICE CHAIRMAN SECRETARY
these grocery stores that had their shelves emptied. They were replenished almost immediately. This HELEN BROOKS ANDY ANASTASIO JR.
flexibility not only helped deliveries to grocery stores, but also to hospitals. I talked to one MTAC FedEx Corporation Anastasio & Sons Trucking
member who wanted to confirm that his drivers could drive overtime if they were bringing supplies
that were desperately needed by a large hospital in the state. Of course, the answer was YES. SECOND VICE PRESIDENT
CHAIRMAN JOSEPH R. SCULLEY
The hard work and overtime hours by the trucking industry did not go unnoticed. It led to
widespread recognition for truck drivers, which some drivers have quite possibly been waiting to AXEL CARRION Motor Transport
hear for their entire careers. ABC’s Good Morning America ran a segment on the essential work UPS Association of Connecticut
truckers have been doing throughout the public health emergency. The reporter referenced “The
mad rush to get store shelves stocked” while talking to a driver who admitted, for all of America DIRECTORS THROUGH DEC. 31, 2020
to see, that “the reason I put myself in harm’s way right now is because it is my job.” NBC’s Today
Show also had a great report on how the trucking industry is responding. The reporter referenced ALAN BAUMERT DON DeVIVO
“people in the industry risking everything,” while talking to professional truck drivers who Nutmeg International DATTCO, Inc.
reassured America by saying “we got your backs,” and, “the truckers are coming, people!” BOBBI HILL
Trucks Inc. W.B. Hill, Inc.
Tony Spero from ABF Freight, who is a previous grand champion of the Connecticut Truck JIM BROWN
Driving Championship, as well as the National Truck Driving Championship, gave a reassuring William B. Meyer JIM RIZZO
message on Connecticut’s local ABC affiliate. He was also a guest on the national Fox News BOB BUICK Gabrielli Truck Sales
channel talking about his crucial role in the economy. Volvo Trucks of North
MARK SALTER
Government leaders gave well-earned praise to our professional truck drivers. Bipartisan praise America Salter’s Express
came from President Trump, Governor Greg Abbott (R-TX), and Governor Gavin Newsom (D- RICHARD CONNORS RICK SAMPLES
CA), to name a few high-profile leaders. Manchester Ice & Fuel Inc. Cummons Metropower
THOMAS DeGRAND
Statements of support for professional truck drivers came in from government agencies that John DeGrand & Son, Inc. Inc.
regulate the industry, like the Federal Motor Carrier Safety Administration (FMCSA) and the JAMES VITALI, SR.
Federal Highway Administration (FHWA). These were welcome, but perhaps not necessarily Tuxis – Ohr’s Fuel, Inc.
surprising statements, given what was said on March 31 by the head of the Department which
oversees those two agencies, Secretary Elaine Chao of the U.S. Department of Transportation. DIRECTORS THROUGH DEC. 2021

Secretary Chao said, “I really want to give our sincere thanks to the trucking industry, with a BRETT ADAMS DON SCHMIDT
special shout-out to America’s truck drivers for their heroic actions during this time,” Chao said. Ryder System Coastal Carriers of CT
“I know that it has not been easy, but the whole country is just cheering on America’s truckers. I
want the families and the loved ones for truck drivers to know that we’re thinking about them as JOE BAIOCCO CARL STEBBINS
well. We appreciate so much their support for their loved ones — the truck drivers — so that they Wilson Elser New England Tractor Trailer
can perform an essential service for our country during this critical time.”
STEPHEN O’CONNOR Training School of Conn.
The men and women of the trucking industry – especially the drivers – have earned this praise. Penske
Enjoy it, and thank you for what you do.
PERMANENT DIRECTORS
Joseph Sculley (PAST CHAIRPERSONS)
President, MTAC
[email protected] JOHN PRUCHNICKI
Coastal Carriers of CT
6 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020
MARK GAGNON
Capitol Moving & Storage Company

ANDY ANASTASIO
Anastasio & Sons Trucking

NORMAN BOLDUC
Kay’s Trucking

JOSEPH R. CHRISTONI, JR.
J. R. Christoni Inc.

LELAND R. HAWTHORNE
Leland R. Hawthorne & Son, Inc.

CHERYL LAPAGLIA
Petruzzello Transportation Inc.

FRANK D. MARIANO
JAMES SALTER, SR.
Salter’s Express Company Inc.
DONALD VALLERIE

Retired
OWEN WHITE
Roberts Energy

HONORARY DIRECTORS

BOB HAMILTON
Retired

TONY PORTANOVA
TransitCom, Inc.

AGNODASHTAEARDE!

We know we look good.

Thank you for welcoming us as a new member of your MTAC team!
Please enjoy our inaugural edition of MTAC's brand new, statewide magazine, The Transportation Professional. Our writers, photographers,
designers and printer dedicated their talents working diligently during these uncertain and unprecedented times to bring you this
important representation of MTAC and its members. Didn't they do a terrific job?
We are so very thankful for our advertisers for making The Transportation Professional possible. Please see our advertising resource
index on page 22 and be sure to thank them. They are committed to MTAC and deserve your consideration and patronage when
making your purchasing decisions.
We are also grateful for YOU — our more than 5,000 readers. We are committed to earning your trust in the months and years to come. We
look forward to getting to know you and promoting your businesses' products and services. And we are excited to grow our readership so that
even more leaders in transportation will come to know what MTAC is doing on your behalf for trucking in Connecticut and beyond.
MTAC turns 100 this year! We will be reaching out to you in the coming months to invite you to advertise in our special edition of MTAC's
2020 Membership Directory & Buyers' Guide commemorating this important milestone. We've completely redesigned it to be a sister
publication to The Transportation Professional and look forward to sharing information about it with you.
For details about advertising, to share story ideas or to simply say "hello," feel free to contact our publisher, Jennifer, anytime for any reason at
(501) 690-9393 or via email at [email protected].

Stay safe and healthy!

tthe ransportation
PROFESSIONAL

WHEN TECHNOLOGY IS ON YOUR SIDE
MTAC member insurance companies examine benefits of using dash cams
and other technological advances to mitigate blockbuster insurance payments

BY RENEE MILLER
CONTRIBUTING WRITER

It happened. The nightmare of every overturned, and the driver was exonerated. Insurance admits that driver reluctance
truck driver. An accident involving an “I’m not sure how that would have gone has been the largest hurdle to overcome.
18-wheeler and a motorist. After the without the dash cam,” says Artemis “Even two years ago,” she says, “it was
immediate concerns had been addressed, Tsagaris, regional vice president & branch difficult to get drivers to accept the
law enforcement ticketed the professional manager for Acadia Insurance. technology, but in the last year there has
driver for being at fault. An all too been a change of attitude as drivers have
common occurrence, especially in this Video camera technology is one of the begun to see how in-cab technology can
environment of blockbuster insurance most crucial elements of increased safety benefit them.” Cases such as the one above
payments being made to victims of big on the road, but it can feel intrusive to show drivers that claims can be mitigated
truck collisions. Yet, this case had a drivers. They see the truck as their ‘home and their Commercial Driver’s License
surprise ending. The driver in this case away from home,’ and feel that they are (CDL) and MDR protected when there is
had an in-cab dash camera, and when the being unfairly ‘watched’ and monitored by visual evidence of what actually occurred.
video footage revealed that the motorist outside forces when their truck is outfitted With more than 20 years in the insurance
had driven into the semi rather than with video cams. Lisa McPhail, associate industry as a loss control consultant,
the other way around, the decision was in risk management and construction risk McPhail knows the satisfaction when
insurance specialist (CRIS) for Acadia

8 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

“professional drivers are absolved from This requires company changes as more important for drivers to make sure
potential liability or being charged with well. With the increased demand for on they are not only properly driving their
a preventable accident on the road which time deliveries and the expectation of own vehicle, but that they are aware of
goes against their MDR.” consumers to receive their goods when all the hazards around them; particularly
they want them, there are more people the other people on the road who are
Company risk managers and safety and more trucks on the road. Drivers distracted while driving. Distraction
directors more readily see the value of may feel more pressure to compromise extends way beyond devices. As McPhail
fleet technology and cameras because the safety in order to meet a planned route remarks, “People are texting, driving,
cost savings are so evident. Additionally, deadline. “Operationally,” says McPhail, eating, drinking and even reading books
they can use the technology to strengthen “the technology requires more efficient and and papers while they’re driving.” This
their efforts in driver education. Important realistic route planning in order to allow causes more accidents and claim costs rise
driving behaviors can be tracked such drivers to sustain safe driving behaviors.” as a result.
as hard braking, sudden lane changing,
speeding, and various vehicle maneuvers. While there’s little dispute that the driver The sponsoring agent of the insurance
According to McPhail, this trickles down shortage is one of the primary challenges program run by MTAC and Acadia,
to the improvement of individual driving facing the trucking industry, there’s also Bouvier Insurance, agrees. Lindsey Irvin,
behavior. “Once a driver knows these little disagreement that safety and risk who serves as Vice President of National
things are being tracked,” she says, “it’s a management are at the top of the list as Accounts for Bouvier states that, “While
positive. Drivers begin to think differently. well. With the proliferation of handheld cars and technology are getting smarter,
They step back and realize that though it devices, distracted driving is the number the severity of claims and price of repairs
may take longer to get where they’re going, one culprit to vehicle accidents. It’s not is increasing exponentially.” The use of
they aren’t going to speed to get there. necessarily the professional on the road hands-free devices and the development
They become safer drivers.” that’s distracted. But it has become even
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of hands-free policies is crucial to safety insurance program is to help provide a partnership that would be beneficial to
and risk management for carriers, drivers, education for the insured‘s on all the risk Acadia, MTAC and to the membership
and the motoring public. Because of her management tools and safety programs of MTAC. As Rob Bouvier, President and
involvement on Agent Advisory Councils, Acadia has available and help get those son of the founder of Bouvier Insurance
Irvin is deep into the management of risk. implemented. Irvin explains with an said when the partnership was announced,
She reports “Effective Oct. 1, 2019, House example. “Acadia has a program called “We look forward to working with Acadia
Bill 7126 became law in Connecticut. Synergy for larger accounts that is a very and MTAC to grow the program and bring
It increases the penalties for distracted hands-on approach to assisting clients value to the MTAC membership.”
driving when a violation results in a with not only managing the risks, but also
motor vehicle accident. This can have identifying claim trends to help improve One of those values has been the
a potentially devastating impact on loss history. The better each member’s development of the Safety Group. A
business owners who do not have controls loss history is, the better their chance of number of years ago, Acadia’s Artemis
in place to limit their employees’ use of qualifying for a dividend as a group and as Tsagaris was approached by an agent with
mobile devices while driving. A judge or an individual company.” an opportunity to provide a dividend
jury may now issue a fine— up to double program for member companies of
or triple the amount previously allowed — This kind of assistance from Bouvier is MTAC. A similar program existed for New
in civil actions involving a person what Joe Sculley, president of MTAC, was Hampshire Motor Transport Association,
who operates a motor vehicle while hoping for when the partnership between so Tsagaris decided to investigate the
using a handheld mobile device or other Bouvier and Acadia was established. “We opportunity. Once Acadia had reached a
electronic device.” are thrilled to have a great new partner premium threshold, they filed a dividend
with Bouvier Insurance,” he said. “They program with the state of Connecticut
One role Bouvier plays as the sponsoring have a proven track record of successful that would allow profitable member
agent for the Acadia/MTAC/Bouvier association insurance programs.” It seemed companies to receive dividends as a result

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10 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

of their minimized losses. Known as the property, general liability, auto and inland tools and technology that have proven to
Safety Group, the program, according to marine. Since the program was created, give better safety results on the road, in
Tsargaris, works like this: “If the results Acadia has paid out close to $750,000 addition to at the workplace. When this
of MTAC with Acadia are profitable, then in dividends back to participating and translates to dividends being paid directly
the individual members of MTAC who profitable members. back to your company, there is no better
are also profitable, may participate in the incentive than to continue to implement
dividend pool.” Acadia works through That’s a hefty chunk of change. Those those proactive safety practices that got
their independent appointed Acadia dividends are a plus to a company’s bottom you there in the first place. TTP
agents throughout Connecticut to make line. Additionally, Bouvier Insurance takes
the Safety Group available to members a lead in helping to identify additional
when specific profitability measures have MTAC members who qualify for the Safety
been met. Group and participation in the Acadia
insurance program. This has become a
Not all insurance companies have valuable and beneficial part of being a
dividend programs and those that member of MTAC. As Irvin says, “Often,
do generally offer it only on workers’ the potential dividend amount a customer
compensation claim history. Acadia’s can earn well exceeds the annual cost of
Safety Group program provides MTAC membership.”
commercial property and casualty
insurance to any eligible MTAC member. Of course, companies are grateful for
What sets its program apart is that it is in the possibility of receiving dividends based
all-lines program with the exception of on their loss history because it’s a positive
the umbrella. It includes worker’s comp, return on investment. More importantly,
it incentivizes companies to invest in the

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Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 11

For Mike

Paine,

Service

Matters –

for Humans,

Not Bears

BY STEVE BRAWNER
CONTRIBUTING WRITER
PHOTOGRAPHY BY AL FERREIRA

12 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

Mike Paine is fighting the bears, and the “It’s pretty humbling that they thought farm – its name, in fact, was A.I. Paine
bears are losing. enough of this stuff to be included,” Paine and Son Farm. At one time it was raising
told the Hartford Courant at the time. “It 40,000 chickens. Delivering eggs locally
East Granby-based Paine’s Inc. Recycling really touches you when you look around was one of young Mike Paine’s first jobs.
and Rubbish Removal last year began and see the people who have also won this He told the Hartford Courant that in those
offering bear- resistant barrels to customers award. They are giants in the business who days, he would go into customers’ homes,
after the animals became an increasing have done some incredible things. I did a open their refrigerator doors and count
nuisance. As suburbanization has number of things, but I just tried to do the their eggs. Albert and Mary remained
encroached on their habitat, they’ve become right thing at the right time.” active in the company for the rest of their
more and more comfortable with humans lives. While he died in his 60s, she did
and see the barrels as a food source. Paine’s Inc. Recycling and Rubbish office work until her death at age 96.
Removal got its start in Simsbury in 1929,
“The bears have only visited my house but it wasn’t called that at the time and its It was obvious that times were changing.
twice, both times when I had lobster,” mission wasn’t to pick up trash. Instead, The family’s farm was becoming an island
said Paine, the company’s president. “We Albert and Mary Paine collected food in an increasingly suburbanized area. In the
have bears with high standards in my scraps from two private schools for their early 1970s, Don and Joyce decided to make
neighborhood.” 200 pigs. The family also raised cows residential and commercial waste collection
and chickens. the business’s focus. The company’s first
The barrels, which cost more to rent truck had a dump body with a hydraulic
than regular ones, are reinforced and The next generation joined the family mechanism fabricated by Albert. From
latched to withstand the bears’ efforts to business full-time in early 1952 when there the business grew as the area it served
get inside. A gravity-activated latch allows Albert and Mary’s son, Donald Paine, grew. In 1986, it became New England’s
them to open when turned upside down by and his wife, Joyce, started working there. first waste hauler to offer automated trash
the refuse trucks. Paine’s ordered a couple Don had recently served as a Marine service, and soon afterwards it began
of loads last year and has ordered more for Corps drill instructor at Camp Pendleton offering curbside recycling collection before
the coming spring. during the Korean War after serving in the state required it.
northern China during World War II. He
About the same time, the company had volunteered for the Marines at age 17 Meanwhile, Paine was growing up in
started offering a fee-based barrel-washing and received his high school diploma while the family business. In addition to
service for its customers. Paine said the serving in Guam. delivering eggs, he helped with trash
company knew from its own experiences collection “even though I could barely
how unpleasant it can be to wash a barrel. The business’s focus was still the family move the barrels,” he said. Being the
Conversations with their customers led oldest of seven siblings, he did more of
them to begin offering the service, where a the physical labor. At age 16, he started
mobile truck uses high-pressure hot water collecting garbage by riding on the back
to clean both the inside and outside. The of the truck and emptying trash barrels.
process uses no chemicals and recycles the Two years later, he earned his commercial
water. Paine’s son, Mike Jr., the company’s driver’s license and started driving.
executive associate, and Paine’s niece, Julie
Paine-Miller, vice president, oversaw the Garbage was the family business, and
implementation. Paine never had a problem with that.

“I think that the methodology of talking “I got some pushback from some people
to your customers and listening to your that, to be honest with you, kind of looked
customers and seeing what is important to down their nose at us,” he said. “I never
them pays off,” Paine said. really worried about it. And now as I’m
older, it’s funny because the people that
The bear-proof barrels and barrel-washing looked down their nose at me then now
services are just the latest innovations for a think I’m such a good businessman and
company whose motto is “Because Service everything. I just kind of smile . I’m still a
Matters.” It was the first New England garbage man.”
company to offer automated trash collection
and curbside recycling, which is one of the The family did not pressure the children
reasons Mike Paine was inducted into the to take over the family business. After
National Waste and Recycling Association’s
Hall of Fame in 2016. CONTINUED 

Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 13

graduating from Simsbury High School Moreover, its values haven’t changed and so do homeowners because they
in 1972, he wasn’t sure what he wanted to from the days when it was a small are quieter. He has doubts about electric
do next. He traveled west for a month or operation with a few trucks. trucks, however, because of the stop-and-
so with a friend, returned and worked for go nature of the routes.
the company for a while, and then headed “When you get out and start talking to
back west working odd jobs. When Paine’s people … you can talk at people or you can In recent years, the company has had
boss at a Colorado firewood company talk to people,” Paine told the Courant in to adapt to a changing and sometimes
took a four-day weekend at the same 2016. “At the end of the day, people want to challenging recycling business
time Paine was short of cash, he realized do business with people because they are environment. The value of recycled
that his place was back home at Simsbury. going to get a value for their service. And materials has dropped, and processing
Working for himself at least would give we’ve stayed true to that.” costs have risen. China, once a major
him some control. His brother, Russ, market for recyclable materials, has
likewise concluded that he wanted to Don, the World War II and Korean War stopped accepting American products,
work in the family business. The veteran, began the Flags for Simsbury and now collectors are scrambling to find
two brothers took over the company project in 2001, and his son and son in law new markets. Paine’s is now having to pay
from their parents in 1989. Russ, the have continued offering that community to have its cardboard recycled, but it’s still
more mechanically inclined, handled service. Today about 380 American flags cheaper than the over $80 per ton it would
maintenance duties, while Paine took hang on telephone poles in town. Paine’s, cost to dispose of it as trash.
charge of sales and office responsibilities. Inc. connects Boy Scout troops with
veterans’ groups as part of the project. The Paine believes this is a transitional
The company today serves more than company properly disposes of worn and period and that “really smart people and
45,000 customers weekly in Hartford and tattered flags and will also provide that the next generation” will figure out what to
the north-central part of Connecticut. Its service for other townsfolk. do with the products.
services include residential and recycling
removal for private and municipal clients “For a Memorial Day parade, walking “It still is better to reuse the material,
along with commercial services and through the center of town and seeing but you can’t just make a blanket statement
construction roll-off containers. It even has these flags up is beyond special. And just that everything can be recycled even
a manure route servicing horse farms. The driving through town and seeing the flags though it can, but the real question is, at
company now has about 74 employees, a up there is awesome,” he said. what cost? It has to be cheaper than putting
little over 50 of whom are drivers. But it’s new material in,” he said.
still a family business. Paine’s wife, Jean, is Looking ahead, Paine foresees costs
involved on the financial side. Son Mike rising in his industry. As labor costs A little more than a year ago, Paine
Jr. is executive associate. Russ has retired, increase, so will automation, although became chairman of MTAC, a two-year
but his wife, Molly, manages the billing there will always be a need for someone to responsibility. He said his goals include to
software. Russ’ daughter, Julie Paine-Miller, handle the material. Over the past four or “leave it in better shape than I got it.” He
is vice president. five years, the company has started buying said MTAC will continue to be an advocate
compressed natural gas trucks and now and a valuable source of information for
owns 11 of them, or about 25 percent of motor carriers.
the fleet. He said drivers like the trucks,
MTAC President Joe Sculley credited

14 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

Paine with being a strong leader for the legislature, and Governor Lamont then “My wife is very good at telling me
industry. “As a small business owner who pivoted back to a plan to toll only tractor that I’m way too involved and doing
had served on the Board for years prior to trailers at 12 locations across the state. too many different things, but that’s part
becoming Chairman, Mike brings a great about being involved in a community,
perspective. He is a strong advocate for Paine points out that the trucking whether it’s your local community or the
trucking industry initiatives, such as pushing industry is already heavily taxed bigger community.”
for equitable transportation funding,” Sculley through diesel taxes, gross earnings
said. He added that part of the push for taxes on petroleum products and vehicle While he’s been on the board, the
equitable transportation funding meant registration fees. He said the state isn’t city has moved its city leadership
opposing tolls which fall heavily, or even correctly allocating the money it collects responsibilities from first selectman to
solely, on the trucking industry. now. The state says trucks are damaging a hired town manager. As the board’s
the roads, but his trucks, though registered oldest member, Paine said his age and
The position has put Paine in direct for the maximum weight they can carry, experience give him a special perspective.
opposition to Democratic Gov. Ned are rarely full and are empty half the time. Being a trucking executive provides “an
Lamont’s efforts to pay for transportation understanding of all the different things
improvements through tolling, with “We’re already paying money in that’s we put into our business every single day,
trucking a target. Lamont initially supposed to go to maintain our roads and from insurance to employee issues to just
proposed installing 53 tolling plazas across our bridges, and the state is taking the all the different challenges.”
Connecticut, which was a change from money and spending it elsewhere,” he said.
his campaign pledge to toll only tractor- “As a result, the bridges and roads are not Now the family business is being passed
trailers. He later expanded the proposal getting taken care of like they should be. It’s to the next generation. Russ has retired,
to include all vehicles. That proposal got nothing to do with the money. It’s got to and Paine, 65, is working his way toward
died in the Legislature thanks in part to do with the money being taken before it can retirement. Just like his parents had done
aggressive lobbying by MTAC, but Lamont be spent to fix those bridges and roads.” for him, he and Russ left it up to their
hasn’t given up on the idea. On Nov. 7, he children as to the role they would play. As
presented his new plan, CT2030, which He later added, “If we’re going to pay for Julie and Mike Jr. take over the company,
would fund part of a $14 billion investment these repairs, then we shouldn’t be paying a they’ll be the fourth generation of Paine’s
in roads and bridges by installing second time .” to collect trash and recycling, find a use for
electronic overhead gantries at 14 bridge it, or at least safely dispose of it.
projects. While cars would have paid from MTAC isn’t the only way Paine is
50 cents to $1 for a pass and medium-sized involved in his community. He’s also Meanwhile, he’s looking forward to
trucks would have paid $1.25 to $2.50, serving his fourth elected two-year term spending more time with his family and
heavy trucks would have paid $3.50 to $7. as a member of the Simsbury Board of enjoying his hobbies, fly fishing and golfing.
Lamont’s plan says 40 percent of the fees Selectmen. He became involved in city
would be paid by out-of-state drivers. government first with a business group and “I’m very fortunate,” he said. “I like what
then through the planning commission I do. I have great people to work with. But I
That plan was also rejected by the before running for office. also want to be able to enjoy my retirement
and don’t want to wait until the last second
“I have to be careful not to get myself and say, ‘shoulda-woulda-coulda.’” TTP
going too many different ways,” he said.

Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 15

Nuclear
Verdicts:

To help avoid big
verdicts, start
preparing long
before trial

BY STEVE BRAWNER
CONTRIBUTING WRITER

A recent $15 million jury verdict attorneys ask for a couple of million against the corporations and, indeed, the
against a motor carrier is part of a trend dollars, “It doesn’t sound like the shock industry itself. Plaintiff ’s attorneys are
of escalating awards in Connecticut and and awe of what it may have sounded like basing their cases on the “reptile theory”
nationwide, as well as a reminder that a few years back,” he said. – appealing to jurors’ primitive emotions
carriers must be prepared to defend and fears. Instead of focusing on the case
themselves in court after an accident. “In a lot of venues where these verdicts and the injuries, they make the case about
are coming down, people are struggling the “big, bad trucking company” that puts
The key to mounting that defense, said to get by every day, and the difference profits above safety, Biaocco said. Lawyers
attorney Joseph Baiocco with Wilson Elser between $350,000 and $3.5 million doesn’t search for safety violations, which almost
Moskowitz Edelman & Dicker LLP, is “not mean anything to them because neither never have anything to do with the cause
to start at trial.” one of those are numbers they’re dealing of the accident, “to inflame the juries
with on a weekly or monthly basis,” he based on their feelings about big trucks,
Baiocco said jury verdicts are escalating said. “So they’re just being desensitized to their feelings about big corporations, their
in Connecticut and elsewhere even as the these numbers.” feelings about anything but the facts of the
industry is “obsessed” with safety. case itself,” he said.
Verdicts also are increasing because
Juries are becoming accustomed to large, plaintiffs’ attorneys have learned to try Nationally and increasingly in
so-called “nuclear verdicts,” which were cases not only against the drivers but also
once an object of ridicule. When plaintiff ’s

16 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

Connecticut, plaintiff ’s attorneys are Transportation practice representstrucking driver should contact. Drivers should carry
looking for any safety violation they can companies nationwide, it was not involved a list of rules and contacts in the cab – but
find that would be admissible in court. in the Amparo case. again, keep the list short.
They then try to pin the violation on
the company even if it didn’t cause the In another 2019 case involving the “You don’t want to have a list a mile long
accident. Baiocco characterized it as, motor carrier industry, the plaintiff of what to do and not to do in case of an
“Let’s just find something they did wrong and defense reached an $18.75 million accident because that will be used at some
that’s admissible, and then let’s play off the settlement after a tractor-trailer operated point,” he said.
public’s fear of these trucks on the road.” by a New Jersey trucking company
allegedly ran a red light in Greenwich and In accidents that could lead to a lawsuit,
Baiocco said the size of jury verdicts killed a 38-year-old woman. The plaintiff ’s get an attorney on the scene as quickly as
can depend on the venue. For example, attorney had asked the jury to award the possible – ideally while police officers are
in nearby New York, two courthouses 15 victim’s domestic partner and six-year-old still investigating. In one recent Wisconsin
miles apart can produce wildly different son up to $47 million. case, Baiocco’s firm was able to respond
jury types. within minutes. That early involvement
Given today’s litigious environment, can help ensure the accident’s facts are
Baiocco’s remarks come after a Stamford what’s a motor carrier to do? First, recorded, while the lawyers can advise the
Superior Court jury last May awarded a carriers should take steps to reduce their driver. And unlike many communications
couple about $15 million to compensate exposure before an accident happens. with an investigator or adjuster,
for injuries suffered in a 2014 accident They should set clear guidelines and then communications between an attorney and
involving a tractor-trailer owned by train drivers and employees regarding his or her client are privileged.
Pennsylvania-based Evans Delivery Co. how to follow them. However, they should
make sure those guidelines realistically “Getting somebody involved on
Jorge Amparo suffered back and neck can be followed. Carriers should not put your behalf … It doesn’t have to be an
injuries after his Mitsubishi Montero was unrealistic expectations in writing – then unbelievable amount of work where it
rear-ended on Interstate 95 in Westport. if the driver fails to comply, the plaintiff ’s costs a lot of money,” he said. “It can be
The car was pushed into a third vehicle, attorneys will emphasize that the driver just wrapping up some ends that if the case
and Amparo ended up undergoing – and by extension, the company – didn’t goes into litigation at some point, you’ve
back surgery that his attorney said follow its own rules. dotted your i’s and crossed your t’s at the
wasn’t successful. He could walk only beginning. You can’t make up for that
with a walker and also suffered from If an accident does occur, the carrier down the road.”
post-concussion syndrome and chronic must get ahead of the case as quickly as
headaches, Connecticut Law Tribune possible. Carriers should have a policy and After that happens, motor carriers
reported in November. The jury awarded a protocol in place regarding whom the should be ready to start defending the
Amparo $14.2 million. It also awarded case during the discovery and deposition
about $800,000 to his wife, Diva, for loss process. Motor carriers should send an
and future loss of consortium, meaning appropriate person for the deposition.
a deprivation of benefits that come as a Don’t send someone who’s higher than
result of being a family member. necessary because that person might start
providing corporate information that could
After both sides filed post-verdict paint the company in a negative light,
motions, the defense settled on $18.65 Baiocco said. Carriers should be taking
million because of possible misconduct. careful notice of any communications they
Plaintiff counsel Brenda Leydon told the receive from the plaintiff ’s attorneys,
Connecticut Law Tribune that the driver paying particular attention to letters
was using his cell phone via Bluetooth instructing the motor carrier to preserve
during the accident, and the motor carrier pieces of evidence. Plaintiff ’s attorneys
had given misleading information during are looking for something to pin on the
the discovery process. motor carrier. Those letters will reveal the
plaintiff ’s strategy.
Baiocco said the case caused the firm’s
Connecticut transportation team to take “It used to be that you’d see a list of
notice because it signaled the lengths to maybe three or four things that they’d
which the state’s juries are prepared to say to preserve, and you’d look at it and
make huge verdicts. While Wilson Elser’s
CONTINUED 

Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 17

We measure our success by how say, ‘Yeah, I can understand that, why responding to pages-long requests with
much we ELEVATE yours. they would want that,’” he said. “Now requests of their own, because the other
it’s a list that goes on for two or three vehicle often will provide evidence whose
Custom-formulated additive pages of items, and they’re just hoping preservation will help the defense. Defense
packages to elevate fuel that a handful of those things you didn’t attorneys also are obtaining social media
performance, efficiency preserve, and they can go in that direction, histories and cell phone records.
and reliability or you didn’t follow some regulation about
logbooks, when the accident has absolutely Baiocco said witnesses and drivers are
OPTIMIZE nothing to do with logbooks. You can tell being prepared differently than they were
so early if you’re keeping your eyes open in the past. Five or 10 years ago, witnesses
Supply chain management for something that has nothing to do with would have been told to only answer the
and fuel handling, blending liability and nothing to do with damages.” question asked, and in particular to answer
and storage expertise either “yes” or “no” to a yes or no question.
Armed with that knowledge, the motor Now, they’re told to listen to the question
PROTECT carriers and their attorneys can prepare and explain that a response or action
their defense. Carriers don’t have to “often depends on the circumstances.”
Fuel quality oversight preserve all the evidence – just what’s
including routine fuel required under the law. Witnesses can be Baiocco said motor carriers should
sampling, lab analysis prepared so they don’t get trapped in a never consider it too early to take a
and remediation situation where they paint the company potential claim seriously. They should
as unsafe. Meanwhile, defense attorneys never ignore communications from the
GROW can prepare motions to keep inflammatory plaintiff or assume the attitude of, “This is
evidence out of the trial so it doesn’t what I have insurance for.” If an accident
Superior technology paired prejudice the jury. seems minor but a letter arrives in the mail
with unmatched service with a list of 35 items to preserve, they
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18 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

VW Settlement

Emissions Grants
BY DAN CALABRESE
CONTRIBUTING WRITER

A legal defeat for Volkswagen has distributed the funds across the 50 states Volkswagen fund in Connecticut, 10 of
turned into a major opportunity for a on the basis of how many vehicles would them went to MTAC members.
lot of Connecticut trucking firms. And be affected in each state.
the ultimate beneficiaries could prove to Rob DeGrand at West Haven-based
be everyone who breathes the air in and Connecticut received just over $55 John DeGrand and Son, was surprised his
around the state. million, to be administered by the company was approved for a grant from
Connecticut Department of Energy the fund because it seemed most recipients
In 2016, the Environmental Protection and Environmental Protection (DEEP). were getting approved to do bigger projects
Agency brought an action against According to Joe Sculley, president of than DeGrand and Son had in mind.
Volkswagen alleging it had cheated the Motor Transport Association of
with respect to emissions compliance. Connecticut, his members are proving “I kind of did it as a lark,” DeGrand said.
According to the EPA, Volkswagen through their use of the funds that the “I honestly didn’t expect to get approved.”
violated the Clean Air Act by emitting business community will do the right
levels of nitrogen oxides well in excess of thing for the environment if given But John DeGrand and Son received
legal limits. the opportunity. nearly $50,000, which was enough money
to be able to replace several trucks that
Ultimately the case was settled with “I was excited when I saw members were more than 10 years old.
Volkswagen agreeing to pay $2.9 billion proactively taking advantage of this
into a fund that would be used to reduce voluntary program,” Sculley said. “I “The ones we were running were
nitrogen oxide emissions throughout think it shows that we don’t need the MaxxForce engines, the kind International
the country. And it’s how the funds are government to come with some heavy- used around that time,” DeGrand said.
distributed and used that has presented an handed carbon tax or gas tax, or a tax “The ones we replaced are more than
opportunity for Connecticut truckers and that’s designed to influence behavior. Our 10 years old so there’s economic and
fleet operators. industry is all for buying clean trucks.” environmental improvements on those.”

The fund is intended to be used to Two rounds of grants have already been DeGrand said the newer vehicles also
replace aging trucks with high emissions dispersed through the fund, and more are improve the company’s fuel economy by a
rates, among other purposes. The EPA coming. Of the 25 projects funded by the full mile per gallon.

The new trucks are 2019 Internationals

CONTINUED 

Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 19

with Cummins engines, which is the local dealerships before I heard about it only have covered about 40 percent of the
new standard International is pushing from the DEEP,” DeGrand said. “It was cost. That’s not enough to make up the
for better overall performance, including only like an hour, and I got a call from the difference between new electric vehicles
environmental concerns. guy saying, ‘I heard you won the grant.’ and traditional diesel school buses.
Then it was off to the races.”
“It’s a pretty small project for the “So, before we submitted the grant, we
scope of things,” DeGrand said. Donald DeVivo, president of New downsized our request to just do one bus,”
“There’s a company in our area that Britain-based DATTCO, said he had DeVivo said, adding that the company
replaced 30 vehicles.” hoped to acquire five electric buses to is looking for additional funding so it
augment a fleet of 1,650 total vehicles. can make a more sizeable investment in
Still, DeGrand was surprised by how But newer electric buses cost $280,000, electric buses.
quick and simple the process was. and DATTCO’s share of the grant would
“We’re doing it to get the infrastructure
“I found out about it from one of our in place,” DeVivo said, “so we know
everything works with the hope that either
LOCAL & LONG DISTANCE STORAGE the price will come down on the electrics –
which I think it will once they start getting
• Serving 48 Sates • On-Site Storage Facilities everything in production – or we are able
• Residential & Commercial • Theatre Storage to find some funding for that gap amount.”
• Boxes & Packing Accessories • Household Storage
• Piano Moving • College Student Storage The one bus already ordered is expected to
• Auto Transporters arrive and join DATTCO’s fleet in April or
May. It’s built by South Hutchinson, Kansas-
BRINGING YOU “HOME” SINCE 1910. Hauling Broadway since Vaudeville! based Collins Bus Corporation, mounted
158 Commerce Street, East Haven, CT 06512 on a chassis that’s converted by Foster City,
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www.augliera.com ships the converted chassis to Collins,
which mounts the body on the chassis.
WESTERN STAR
“We’re hoping the school bus we get
CONNECTICUT is a perfect application for the electric,”
DeVivo said. “We operate a morning run,
WesternStarCT.com (800) 453-6967 x1207 and we can bring it back, plug it in and
have a full charge for the afternoon – then
plug it in overnight.”

Just one electric bus amongst more
than 1,600 diesels is obviously not going
to transform the entire fleet overnight,
but DeVivo believes perfecting the process
and installing the infrastructure sets the
stage for a more ambitious transformation
later on.

And he expects further opportunities to
boost the size of the electric fleet.

“We’re waiting for International to come
out with their full-size electric, and I think
the only thing standing in the way right
now – besides obviously the technology for
the batteries and making the thing have a
range – is the price, so once they start in
production it’s going to be like anything
else,” DeVivo said. “When the first ones

20 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

come out it’s always more expensive.” need to invest in new ones was that much fuel or alternative power like electric,”
DATTCO is also considering putting more pronounced. Sculley said. “But what’s great about the
voluntary program is that, if they’ll put up
solar panels on its buildings, and hopefully The Volkswagen grants were spread the money on their end and help to cover
use the capture of solar energy as an offset across all 50 states, as well as Puerto Rico, the expense, then everybody wins. The air
charge to electric vehicles. the District of Columbia and several is cleaner because of that.” TTP
Indian tribes. Each of the recipients was
“That will add fuel savings into the required by the EPA to file as beneficiaries A Wholesaler Who
equation,” DeVivo said. and develop a “beneficiary mitigation Promises and Delivers
plan” that explains how it intends to spend
Eric Fredericksen, director of operations or disperse its share of the funds. At Bozzuto’s, trust is something we’ve
for Enfield-based USA Hauling & earned since 1945. From locally grown
Recycling, said his company received a Although reduction of NOx emissions produce to state-of-the-art distribution centers,
$1.2 million award to fund 17 natural was the primary purpose of establishing we’ve delivered time after time —on time—
gas refuse trucks. Although the original the fund, the EPA gave states and other decade after decade.
request was 20, USA Hauling & Recycling recipients some flexibility in how they
is happy with the outcome. could use their respective shares of the Now hiring CDL-A Drivers in
money. This could include replacing older, Cheshire, CT & Allentown, PA!
The award came as a 25 percent cost diesel-powered trucks with not only new
share, so the company had to come electric vehicles, but also new vehicles • Competitive hourly rate plus bonuses
up with $3.5 million. The grant made powered by alternative fuel, or even new, • Sign-on bonus based on experience
it possible to invest in natural gas clean diesel engines. • Six (6) week paid training program
infrastructure because, Fredericksen said, • Limited layovers
the fueling system and engine for a natural For many Connecticut companies, of • Most drivers home daily
gas truck is incrementally more expensive course, natural gas and propane vehicles • Medical/Dental/Vision Benefits
than other options. represent a step forward not only in fleet • 401(k)
performance and cost control, but also • Profit sharing
“One of the more significant aspects of with respect to environmental impact.
our project was that it allowed us to build Bozzuto's Inc. Join our
our natural gas fueling infrastructure in “We saw value in natural gas, especially team today!
Waterbury,” Fredericksen said. “We’ve in our industry,” Fredericksen said. Other Promise. We Deliver.
run natural gas trucks going back now for
about eight years, and the limiting factor Sculley said MTAC members chose www.bozzutos.com
has always been the infrastructure for how to use their grants in ways that benefited 1-866-BOZZUTO
to fuel trucks.” both the environment and their own
business priorities.
The grant paid for the trucks, not the
infrastructure, but the purchase of the “Some of the trucks can be expensive,
trucks with the grant money made the new especially if you’re talking about alternative
infrastructure investments feasible.

USA Hauling & Recycling has built three
fleet access stations along the I-91 corridor,
but the existing infrastructure reached
a point of saturation and the company
needed to do more.

“The grant for us kind of opened up the
door to be able to invest in the trucks out
in the Waterbury area,” Fredericksen said.
“And also, in doing so, it allowed us to
build the infrastructure there.”

About a third of USA Hauling
& Recycling’s fleet now runs on
natural gas. The grant is also timely
because the company recently acquired
another company in the same industry
that was running much older trucks, so the

Q1 SPRING 2020 THE TRANSPORTATION PROFESSIONAL • 21

Calendar of Events tthe ransportation
PROFESSIONAL
Due to current health concerns caused by coronavirus and ADVERTISING
related executive orders to slow its spread, some of our
scheduled events have been canceled, postponed or are RESOURCE INDEX
in the process of being rescheduled. Please feel free to
call us for updates, or check our website at www.mtac.us Acadia / Bouvier Insurance 4
to keep you up with our most current dates of events and
happenings around MTAC. Be safe! Advance Fuel Solutions 18

Anthony Augliera Moving & Storage 20

Bozzuto’s Inc. 21

New MTAC Members DATTCO Sales & Service Inside front cover

FedEx Corporation 10

Kareem Osborne Carol Starvish Freightliner of Hartford / Western Star 20
Absolute Packers LLC White Eagle Transportation Inc Connecticut

Gabrielli Truck Sales 18
Inside back cover
NETTS Industry
Safety Training

HEY! ARE YOU LOOKIN' AT ME? Nutmeg Truck Centers 9

Yeah, I thought so. Penske Truck Rental - Hartford 11

WB Hill / Heil Trailer Back cover

Know what that means? This edition of The Transportation
Advertising works! Professional was made possible with the support
of these corporate advertisers, all MTAC
You and readers of The members. They support the trucking industry
Transportation Professional­— by enabling Motor Transport Association of
all leaders in transportation— Connecticut to provide this publication to
its members, prospective members, elected
are seeing this ad as officials and the business community at large.
well. Take charge of your They deserve your consideration and patronage
corporate message by when making your corporate purchasing
confirming your advertising decisions. We are grateful for each one of these
plans with our publisher companies and hope you’ll join us in saying,
“Thank you!” to them.
by email jennifer@
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22 • THE TRANSPORTATION PROFESSIONAL Q1 SPRING 2020

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