Hartwig v. Eland

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MOTOR VEHICLE ACCIDENT: $495,196 Settlement

Case name: Hartwig v. Eland

Case no.: 09-CV-220

Judge: Tim Duket

Court: Marinette County

Injuries: Fractured left forearm; permanent nerve damage in forearm/elbow and arthritis in left wrist

Verdict/settlement: Settlement for plaintiff

First demand: $931,021

First offer: $125,000

Settlement amount: $495,196

Special damages: Plaintiff's past medical expenses: $56,386; plaintiff's past wage loss: $34,865 and an additional business expense in the amount of $34,865; plaintiff's future medical expenses: $15,348-$25,348; plaintiff's future loss of earning capacity: $331,772, and an additional future business expense of $33,000.

Disposition date: Sept. 15, 2009

Date of incident: May 19, 2006

Insurance: Nationwide Insurance Company

Policy limit: $500,000

Plaintiff’s attorney: Ralph J. Tease, Jr., Habush Habush & Rottier SC

Defendant’s attorney: Joseph J. Ferris, Kasdorf, Lewis & Swietlik, SC

Plaintiff’s experts: Dr. John Bax & Dr. Jon Cherney, Hand & Upper Extremity Center of Northeast Wisconsin, Appleton; Dr. Thomas Leow, Bay Area Orthopedics, Marinette; Ross K. Lynch, Professional Rehabilitation Service, Madison

Plaintiff counsel’s summary of the case: Defendant Ashley Eland attempted to change lanes. She didn’t see Mr. Hartwig’s vehicle in the next lane, and collided with his vehicle. The impact caused the Hartwig vehicle to leave the roadway, strike a traffic control signal and come to rest against a business sign.

Plaintiff’s negligence theory: Defendant failed to properly and safely change lanes.