Scott G. Weadge, Dean Health Plan, Inc., and Jeffrey D. Nolte, D.C. v. American Family Mutual Insurance Company and Kristin Ransom

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Defense counsel’s summary of the case: This case arose out of a low velocity traffic accident on Jan. 7, 2004 at 4:45 p.m. in Janesville. An uninsured driver, Kristin Ransom, rear-ended Scott Weadge’s truck at a stop light. No one claimed injury at the scene of the accident and law enforcement was not called to the scene; however, the accident was reported at 8:23 p.m. According to the police officer who investigated the accident, there was very minor damage to the plaintiff’s truck and none to the Ransom SUV.

Scott Weadge alleged that he sustained a permanent injury to his spine as a result of the accident. His chiropractor, Jeff Nolte, opined that plaintiff had sustained a permanent injury and would require future chiropractic treatment. Jeff Nolte was joined as a party to the lawsuit pursuant to Wis. Stat. § 803.03 because he had Scott Weadge execute a Chiropractic Lien which contained assignment language.

Dr. Robert Weber testified that statistically one would not expect any permanent injury as a result of such a low velocity impact. Dr. Michael Borkowski conducted an examination of the plaintiff and reviewed his medical records and testified that he did not believe that the plaintiff suffered any injury as a result of the accident.

The jury had two questions to answer in the verdict: one for causation and one for damages with five subparts. After 33 minutes of deliberation, the jury found that the negligence of Kristin Ransom did not cause any injury to Scott Weadge and awarded $0 for past health care expenses, $0 for future health care expenses, $0 for past loss of earning capacity, $0 for past pain, suffering & disability, and $0 for future pain suffering & disability.