Attorney Harry R. Hertel's Legal Cases

Personal injury

Robert F. Wanish vs James A. Christians et al., Chippewa County Case 11 CV 79

Mar 28, 2013

OUTCOME: The jury awarded the client $403,750 after reduction for 15% negligence.

Client was injured when a milk truck turned left in front of him, causing serious injuries to both knees. Arthroscopic surgery was unable to successfully alleviate the pain and disability, leading to ... subsequent replacement of both knees. The defense offered $160,000 to settle, claiming the defendant was speeding; the trial lasted three days.

Criminal defense

State of Wisconsin vs Jess Richard Carsello, Washburn County Case 2010 CF 64

Mar 08, 2012

OUTCOME: The client was found not gulty.

Client was charged with first degree intentional homicide in the shooting death of a guest in his home. The State contended that the victim was unarmed and was shot six times in the back. The defense ... argued self-defense. Venue was transferred to Dunn County for trial.

Criminal defense

State vs Lionel Anderson, Supreme Court review reported at 2006 WI 77, 291 Wis. 2d 663, 717 N.W. 2d 74

Sep 11, 2006

OUTCOME: The Supreme Court reversed the client's felony conviction, and after remand to Circuit Court, the case was dismissed and the client released from custody.

The client was convicted in Milwaukee County of sexual assault while represented by other lawyers, and we filed post-conviction motions. Although the motions were unsuccessful, as was a Court of Appe ... als review, we petitioned the Wisconsin Supreme Court. They reviewed the issues which involved the Court allowing the jury to review during deliberations a video interview of the alleged victim being questioned while denying their request to have the client's testimony read back to them. In addition, the judge failed to tell the defense of the jury's requests for the testimony or preserve their written notes.

Constitutional

Urmanski vs Town of Bradley, appeal reported at @ 2000 WI App 141, 327 @is. 2d 545, 613 N.W. 2d 905

May 23, 2000

OUTCOME: The Circuit Court and Court of Appeals upheld the client's exotic dancing ordinance

The client, a Lincoln County township, had an ordinance regarding exotic dancing which Plaintiff contended violated free speech.The Circuit Court ruled in favor of the ordinance, and the Court of Appea ... ls affirmed the lower court.

Personal injury

Steven Ludwig v Donald Dulian et al., appeal reported at 217 Wis. 2d 782, 579 N.W. 2d 795 (Ct. App., 1998)

May 02, 2000

OUTCOME: The Court of Appeals ruled that the jury verdict should be sustained, the judge was overruled, and we collected policy limits.

Client was a police officer injured when an alleged drunk driver fled into his home, and the State Patrol requested mutual aid. Client sustained a serious back injury when bent backwards over a counte ... rtop while the driver was resisting arrest. We sued the driver and his homeowner's insurer. In a bifurcated trial, the jury found the acts of the defendant to be negligent, but the judge, who held the defense motion in abeyance, overruled the jury and found it to be intentional, prohibiting payment under the policy. We appealed.

Civil rights

James Hulbert vs Richard Wilhelm et al., Western DIstrict Federal Court; appeal reported in 120 F. 3d 648 (7th Cir., 1997)

Jul 07, 1997

OUTCOME: The jury granted the client damages of $100,000, and after the verdict was affirmed on appeal, the defendants were ordered to pay actual attorney fees and costs incurred in the trial and appeal.

The client was employed by Pierce County, and reported possible violations of the law on the part of county employees to the authorities. As a result, he was reprimanded and punished for his exercise ... of freedom of speech for the public good. The resulting civil rights case was tried over two weeks in Madison.