DERBY – A judge ordered Gino DiGiovanni, Jr. and his construction company to pay almost $745,000 to an employee he allegedly assaulted at work six years ago.
In a written decision issued June 24, Judge Barry Stevens said the now former employee, Francis Brookins, 66, of Ansonia, had established the facts of the case “by a fair preponderance of the evidence.” That’s the standard of proof needed in civil lawsuits. It is a lower burden of proof than criminal cases.
The judge also noted that neither DiGiovanni nor his company appeared in court to provide a response to the claim, which was first filed in civil court in July 2022.
DiGiovanni told The Valley Indy that he did not appear because he didn’t know about the lawsuit.
DiGiovanni is the chairman of the Derby Town Republican Committee. He is a former Alderman and a former member of the Derby Planning and Zoning Commission. He is the current chairman of the Sterling Opera House Committee.
DiGiovanni was the Republican candidate for Derby mayor in 2023 but finished third in a four-way race. DiGiovanni ran for city/town clerk in November 2025 but was not successful.
In January 2024 he pleaded guilty to a single federal charge of misdemeanor trespassing in connection to his participation in the Jan. 6 2021 riot at the U.S. Capitol and was sentenced to 10 days jail.
DiGiovanni was part of a mass pardon issued by President Donald Trump in January 2025.
The Accusation
Brookins, according to his lawsuit and testimony he gave under oath during a court hearing Jan. 16, was hired by DiGiovanni in 2018.
He said the assault happened June 15, 2020 at DiGiovanni & Sons Construction on Commerce Street in Derby. Work was slow because of COVID-19, so Brookins said he was in the company garage working on construction vehicles.
“I was working on one of the vehicles and he (DiGiovanni) came in really pissed off that day,” Brookins testified.
Brookins said that DiGiovanni went into his office, then emerged in a rage, asking why Brookins was taking so long to work on a vehicle.
“He was fueled up on something, and he went to his office. He came back, I was working on the vehicle, and he just went off in a rage,” Brookins said in court. “‘Why’s it taking so long?’ Just flipped out on me. I tried to explain to him, that’s when he smashed me with his hands into my shoulders, into the truck.”
DiGiovanni walked away, Brookins said.
Brookins said he could not understand why DiGiovanni was mad, so he tried to explain what was going on with the vehicle.
“He continued in his anger. That’s when he struck me again with both hands and whaled me into the door of the garage,” Brookins testified.
DiGiovanni then left, Brookins said.
Brookins called his son to pick him up. He said he filed a report with the Derby Police Department.
Police said June 30 that they received a complaint June 17, 2020 and that arrest warrants for disorderly conduct were issued for Brookins and DiGiovanni.
There is no information about those cases on the state’s court database. The Valley Indy asked the Derby Police Department’s records office for copies of the warrants on June 30.
There were no other people present in the garage, Brookins testified.
DiGiovanni Reacts
In an interview Monday (June 30), DiGiovanni said he pushed Brookins in self defense and that the criminal case connected to the allegation was thrown out of court.
He shared a surveillance video from his property from the date of the incident. DiGiovanni said the video shows him shoving Brookins as Brookins moved toward him.
“The damages listed in his medical folder do not match what’s shown on the video,” DiGiovanni said. He said any injuries to Brookins were sustained before the shove. Brookins testified that he was not injured previously.
The video is embedded below. It shows the altercation outside the garage. Brookins testified in court he was shoved twice — once in the garage and once outside.
The article continues after the video.
DiGiovanni said Brookins wasn’t an employee at the time of the incident and should not have been on the property.
DiGiovanni said that Brookins tried to file for worker’s compensation but was denied.
“I beat the accusation three times but the guy kept suing me,” he said.
Brookins, under questioning by his lawyer, Patrick D. Skurat, repeatedly testified Jan. 16 that DiGiovanni had a substance abuse problem. Skurat did not return a call or email for comment.
“It’s all lies,” DiGiovanni said. “I’ve never had a substance abuse problem. I don’t even drink.”
DiGiovanni said he never received communication from the court about the case. He said he wasn’t aware of it until The Valley Indy reached out for comment.
The court file contains a letter from a state marshal stating two notices about the lawsuit were dropped off at DiGiovanni’s residence in Derby on June 21, 2022. DiGiovanni said he never received them, and that he’s easy to locate.
Brookins submitted medical documents to the court showing nerve damage, two torn rotator cuffs, and strained ligaments in his back, among other injuries. Both shoulders required surgery to be repaired, according to Brookins.
Brookins, an Army veteran with four adult children, testified that he still lives with pain because of DiGiovanni’s actions, and that he lost the ability to work on or operate heavy machinery due to his arm injuries.
He incurred medical bills totaling $132,328 and lost $112,320 in wages, according to court documents.
Brookins requested the court award $1.2 million for his lasting pain and suffering.
“I live on Motrin, unfortunately, between 8 to 12 a day, which I know isn’t good for me, but I refuse to go on painkillers,” he told the court Jan. 16.
Judge’s Order
The judge’s order issued June 24 says that “the court finds that the defendants engaged in intentional conduct to actually injure the plaintiff or they engaged in such assaultive conduct that injury to the plaintiff was substantially certain to occur.”
Judge Stevens then awarded $244,648 in economic damages to Brookins, and $500,000 in non-economic damages, for a total of $744,648. He also awarded Brookins $659 in additional costs.
DiGiovanni has the option to appeal. He said he would consult a lawyer about the case.