Patrick J. Pollack v. Pepsi Cola Co. of Antigo

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PERSONAL INJURY: $850,000

Case name: Patrick J. Pollack v. Pepsi Cola Co. of Antigo

Court: Shawano County Circuit Court

Case number: 07-CV-86

Mediator: Skip Beisenstein

Plaintiff attorney: David E. Sunby, Habush Habush & Rottier

Defendant attorney: Thomas L. Williams, Gabert, Williams & Farb

Date of incident: Jan. 26, 2005

Plaintiff’s negligence theory: Regular failure to yield case

Defendant’s position: Some contributory negligence

Plaintiff’s injuries: Fractured both legs, 8 ribs, nose; whiplash; back. He underwent open reduction internal fixation of his right ankle right after the accident. Several months later he underwent surgery on his right knee.

Plaintiff’s past medical expenses: $118,575

Plaintiff’s past wage loss: $45,675

Plaintiff’s future loss of earning capacity: $400,000 – $800,000

Plaintiff’s first demand: $1,760,000

Defendant’s first offer: None

Amount of award: $850,000

Plaintiff counsel’s summary of the facts: Belted driver of Coca-Cola truck. Driver of a Pepsi truck turned left in front of plaintiff.