David Eland v Debra Pederson and Allmerica Financial Benefit Ins. Co.
N/A
OUTCOME: Jury found plaintiff 100% casually negligent for his injuries, defendant not negligent. Defendants had issued $55,000 Offer of Settlement.
David Eland v Debra Pederson and Allmerica Financial Benefit Ins. Co., Brown County, WI, Hon. Tammy Jo Hock. 11 CV 2468. Tried May 6, 2013. Roundabout accident in Green Bay, WI. Plaintiff David Ela...nd on moped in intersection Defendant Debra Pederson pulled her car up to the roundabout entrance and stopped, saw nobody approaching, then pulled about 3 feet into the roundabout and saw plaintiff coming from her left and stopped. Eland did not contact Pederson but laid the moped down to avoid impact. Rib fractures, brief aggravation of preexisting vertigo and abrasions. Medical specials totaled $15,569.69 and lost wages totaled $6,174.00. Jury found plaintiff 100% casually negligent for his injuries, defendant not negligent. Defendants had issued $55,000 Offer of Settlement.
Car accident
Susan and James Wright et al v Hastings Mutual Ins. Co
N/A
OUTCOME: Jury awarded $1,706 total, but found her 50% liable, for net verdict of $853. Plaintiff did not beat defendants’ statutory Offer of Settlement and, after imposition of costs, owed defendants money even with verdict.
Susan and James Wright et al v Hastings Mutual Ins. Co, Mary Meisser and Allmerica Financial Benefit Ins. Co., Washington County, WI, Hon. Andrew Gonring. 13 CV 486 UIM. Tried July 5-8, 2016. I repr...esented UIM carrier Allmerica. Rear-end motor vehicle accident on highway off-ramp with fairly minor damage to the rear of plaintiff’s vehicle. Plaintiff Susan Wright ultimately claimed right rotator cuff tear; husband James claimed loss of consortium. Treating doctor opined rotator cuff tear was related to accident and recommended arthroscopic capsular release surgery which plaintiff declined. Defense IME doctor opined no significant mechanism to cause rotator cuff tear. Plaintiff claimed could not return to work as housekeeper/cleaner. Plaintiff retained biomechanical, accident reconstruction and vocational expert. Defendants retained biomechanical and vocational experts. Claimed medical specials $129,760.02, claimed total past and future loss of earning is $27,450.00 to $36,900.00. Plaintiff asked for $742,000. Jury awarded $1,706 total, but found her 50% liable, for net verdict of $853. Plaintiff did not beat defendants’ statutory Offer of Settlement and, after imposition of costs, owed defendants money even with verdict. Ultimately dismissed for waiver of costs/post-trial motions.
Car accident
Jader Silva Altimirano v Nancy Andresen and Allmerica Financial Benefit Ins. Co.
N/A
OUTCOME: Jury awarded total damages of $3,500; after setoff, no award to plaintiff. Last demand: $18,000; last offer $6,000 fresh money.
Jader Silva Altimirano v Nancy Andresen and Allmerica Financial Benefit Ins. Co., Brown County, WI, Hon. Tammy Jo Hock. 13 CV 1526. Tried February 17, 2015. Rear-end motor vehicle accident in Green... bay, Wisconsin. Minor damage to the rear of plaintiff’s vehicle. Did not seek treatment for 18 days, then sought chiropractic treatment. Medical (chiropractic) specials $8,227, wage loss $88. Defendant’s insurance carrier repaid the med pay carrier its $5,000 lien so defendants granted setoff in that amount. Negligence admitted. Jury awarded total damages of $3,500; after setoff, no award to plaintiff. Last demand: $18,000; last offer $6,000 fresh money.
Personal injury
Gabriela Sosa-Gaines v. Capital Fitness, 2011 L 1111
N/A
OUTCOME: Jury found in favor of defendant. (In Illinois the jury does not include damages numbers if verdict is for defendant). No mediation had taken place. Pre-trial demand $1,500,000 ($750,000 indicated). Offer $100,000.
Gabriela Sosa-Gaines v. Capital Fitness, 2011 L 1111, DuPage County, Illinois. Judge Kenneth Popejoy. Tried July 31, 2017 – August 4, 2017. Co-counsel for defendants (my former employer, Hanover Ins...urance Company, had me come back and assist in trying the case). Plaintiff health club member claimed injury by defendant’s employee personal trainer, who attempted to relieve muscle tension in her back with certain releases/pressing maneuvers. Plaintiff claimed such maneuvers caused injury which led her to have pain and shocking sensations up and down spine and to all extremities (T6-7 disc herniation diagnosed but disputed as related; even if related, defense argued would not have led to such diffuse symptomology). Claimed significant disability, inability to perform ADLs, walks very slowly with a cane. Defense argued a) no negligence and b) exculpatory provision of health club contract waived plaintiff’s claim against health club and trainer. Plaintiff requested $1.6 to $3.2 million. Jury found in favor of defendant. (In Illinois the jury does not include damages numbers if verdict is for defendant). No mediation had taken place. Pre-trial demand $1,500,000 ($750,000 indicated). Offer $100,000.
Personal injury
Steven Dworak v. James Kroll, Marty Kroll and SECURA Insurance, 16 CV 760
N/A
OUTCOME: Jury found Marty Kroll 40% causally negligent, James Kroll 10% causally negligent and plaintiff 50% causally negligent resulting in no recovery by plaintiff.
Steven Dworak v. James Kroll, Marty Kroll and SECURA Insurance, 16 CV 760, Brown County. Judge Thomas Walsh. Tried December 4-7, 2017. Plaintiff farm employee (no Worker’s Comp insurance required, he...nce the civil suit) injured when a round straw bale weighing 500 – 800 pounds fell on him from a flatbed truck. Plaintiff argued farm owner/son Marty Kroll knocked the bale on him when removing an adjacent bale with a front end loader. Plaintiff alleges James Kroll, farm owner/father, negligent in supervision of process. Defendants claim plaintiff, truck driver tasked with transporting bales, drove too fast on rough roads, causing bale to become unstable in transport and upon arrival at Kroll farm unfastened leaning bale which fell onto him while Marty and James Kroll were near a rear bale at the opposite end of the truck. Plaintiff fractured femur in multiple places, into the knee joint, requiring rod insertion and subsequent knee arthroscopic surgery. Claims ongoing knee pain, having had some Euflexxa and steroid injections. 6 months after accident, plaintiff started new full time job as a truck driver, removing wastewater from cheese plants. Claims ongoing knee issues. Plaintiff also claimed rotator cuff tear to right shoulder although no complaints made for over 4 months (plaintiff claimed shoulder pain was masked by medication and/or leg pain/issues). No shoulder surgery took place as he did not want to take too much time off of work. At mediation plaintiff’s last demand was $800,000; defendant’s last offer was $50,000. Plaintiff later issued Offer of Settlement for $370,000; defendant issued Offer of Judgment for $90,000. Medical bills stipulated at $132,000. Plaintiff asked a total of $782,000: $150,000 for future medical (injections to the knee, shoulder surgery), $250,000 past pain, suffering and disability, $250,000 future pain, suffering and disability. Jury found Marty Kroll 40% causally negligent, James Kroll 10% causally negligent and plaintiff 50% causally negligent resulting in no recovery by plaintiff. Damages questions answered: future medical $55,000, past pain, suffering and disability $80,000, future pain, suffering and disability $0.
