MOTOR VEHICLE: $312,500
Injuries claimed: Right-sided rib fractures, right pneumothorax, right femur fracture, left distal tib/fib deformity, open fracture/dislocation of left ankle, transverse process fractures of T1 and T2; swelling in ankle, numbness in dorsum of foot along with a limp; scarring from surgeries/tubes and contusions
Court: Oneida County Circuit Court
Case name: Dustin R. Kramer vs. Vincent Vaccarello and Lukas Eyer, et al.
Case number: 2007-CV-464
Judge: Patrick O’Melia
Verdict & settlement: Settlement
Award: $100,000, Progressive; $212,500, American Family, Plaintiff’s Percentage of Contributory Negligence: undetermined
Special damages: Plaintiff’s past medical expenses: $145,774
Date of incident: July, 21, 2007
Plaintiffs attorney (firm): D. J. Weis, Habush Habush & Rottier S.C.
Defendants attorney (firm): Vaccarel-lo: John Kramer, Zalewski, Klinner & Kramer LLP, Wausau; Eyers: Dan Peters, Pietz, VanderWaal, Stacker & Rottier S.C., Wausau Insurance carrier: American Family Mutual Ins. Co. and Progressive Northern Insurance Co.
Plaintiff counsel’s summary of the facts: Vaccarello was following Eyers westbound on Blue Lake Road. Vaccarello thought Eyers was pulling over to let him go by. Eyers was slowing down to make a left hand turn into driveway. Vaccarello struck the front driver side fender of Eyers vehicle and traveled through the front yard of an individual and struck Dustin Kramer who was standing by a parked vehicle, pinning Dustin Kramer between two vehicles.