PERSONAL INJURY: $7,697
Case name: Ginger Gates v. Samuel Goodall and American Family Mut. Ins. Co.
Court: Dane County Circuit Court 06CV1732
Injuries alleged: Right shoulder, neck and arm pain
Original amount sought: $49,000 at mediation
Highest offer: Defendants’ statutory offer for $9,000, plus costs
Amount won: $7,697
Judge: Juan B. Colas
Verdict/settlement: Jury returned a defense verdict
Disposition date: April 1, 2008
Original filing date: May 25, 2006
Date of incident: Nov. 11, 2003
Plaintiff’s attorney: Briane Pagel, Krekeler Strother, S.C., Madison
Defendants’ attorney: Kevin L. Ferguson, senior staff attorney, American Family Mutual Insurance Company, Madison
Insurance company: American Family Mutual Insurance Company
Plaintiff’s expert: Nathan Considine/ Chiropractor/Middleton
Defendants’ expert: Michael Borkow-ski/Occupational Medicine/Waukesha
Defense counsel’s summary of case: This case arose out of a minor traffic accident on Nov. 11, 2003. Police came to the scene but there were no complaints of injury and the officer did not believe there was sufficient damage to prepare a Wisconsin Motor Vehicle Accident Report. Plaintiff left the scene and went to a restaurant for dinner. She did not seek any treatment until the following day when she went to her established chiropractor complaining of right shoulder, neck and arm pain. Despite being released from her chiropractor’s care on Jan. 31, 2005, she continued to complain of pain in her neck and shoulder.
After a trial, the jury awarded $2,697 for past medical and hospital expenses and $5,000 for past pain, suffering and disability. Plaintiff failed to present sufficient proof to get any future damages questions on the verdict.
In motions after verdict, the defendants asked the court to reduce the verdict by their taxable costs. The court granted the defense motion and reduced the verdict to $6,470 and judgment was entered. The judgment was satisfied for a payment of $6,546.