PERSONAL INJURY: $457,500
Case name: Tracy Olson v. Progressive Insurance, et al.
Court: Taylor County Circuit Court
Case no.: 06-CV-90
Judge: Gary Carlson; mediator: Stephen Hansen
Liability insurer(s): Progressive Insurance
Plaintiff attorney: Brenda K. Sunby, Habush Habush & Rottier
Defendant attorney: Spencer Davczyk, Davczyk & Varline
Date of incident: May 6, 2006
Plaintiff’s negligence theory: Gate should not have been left open by the farmer allowing his cow to escape the pasture and enter the roadway. Additional defendants who were working the field earlier that day knew the gate was open and did not close it. Claim against motorcycle driver who was operating while intoxicated. Claim against farmer who left gate open. Claim against neighbor farmer and his brother who were working in the field earlier that day and did not close the gate when they left.
Defendant’s position: Plaintiff was intoxicated and got on the back of a motorcycle with a person she knew was intoxicated.
Plaintiff’s injuries: Skull fracture requiring two brain surgeries; three blood clots on brain, fractured pelvis and six fractured ribs.
Plaintiff’s past medical expenses: $461,611
Plaintiff’s past wage loss: $16,281
Plaintiff’s future loss of earning capacity: $1,275,071
Plaintiffs expert(s): Dr. Kenneth Britton; Dr. John Neal; Dr. Owen Keenan; Dr. John Ehrfurth; Dr. James Hyzer; Jerrold Odness
Defense expert(s): Kim Anderson, Ph.D.; Hugh Harrison Hurt, Jr., P.E.; Jeffery J. Peterson
Amount of settlement: $457,500
Plaintiff counsel’s summary of facts: Passenger on husband’s motorcycle injured when they hit a cow that got out through an open gate.