Lisa M. Floyd vs. Rachel Schwarz and Eddie Guzman

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MOTOR VEHICLE ACCIDENT: $675,000

Injuries claimed: A shard of glass lodged into plaintiff’s cervical spinal cord; permanent pain and weakness in upper extremities and left lower extremity

Court: Brown County

Case name: Lisa M. Floyd vs. Rachel Schwarz and Eddie Guzman

Case number: 07-CV-2830

Judge: Kendall Kelley; mediator: Mark A. Pennow, Esq.

Verdict & settlement: Settlement

Original amount sought: $886,267

Amount: $675,000

Special damages: Plaintiff’s past medical expenses: $67,850; Plaintiff’s future medical expenses: $331,055 for medications, doctors’ visits; Plaintiff’s future loss of earning capacity: $768,700 per plaintiff’s expert. $0 per defense expert; Plaintiff’s loss of household services: $168,433 per plaintiff’s expert. $0 per defense expert

Date of incident: Aug. 16, 2005

Plaintiffs attorney (firm): Ralph J. Tease, Jr., Habush Habush & Rottier, SC

Defendants attorney (firm): George Savage/David Hull, Everson Whitney Everson & Brehm/American Family Insurance Co.

Insurance carrier: West Bend Mutual Insurance Co. and American Family Insurance Co.

Liability policy limits: $500,000 & $1 million umbrella/$25,000

Plaintiffs expert witnesses: Dr. Mark Gardon, BayCare Clinic Neurological Surgeons, Green Bay; Dr. Shawn Hennigan, BayCare Clinic Orthopaedic Surgery, Green Bay; Dr. Thomas Wilkins, BayCare Clinic Orthopaedic Surgery, Green Bay; Joseph D. Hoelscher, MSW, Prevea Behavioral Health, Green Bay; Ross K. Lynch, Ph.D. & Karl A. Egge, Ph.D.

Defendants expert witnesses: Charles A. Scalia, Scalia Safety Engineering, Madison; Dr. Joseph Cusick, M.D., neurosurgeon, Milwaukee; Timothy Riley

Plaintiff counsel’s summary of the facts: This accident occurred on US Highway 43 just north of State Highway 96 in Brown County. Just prior to this accident, Lisa Floyd was traveling southbound on Hwy 43. At the same time, Rachel Schwarz and Guzman were traveling northbound on Hwy 43. In an attempt to pass another vehicle, Schwarz began changing lanes directly into the path of the Guzman vehicle, forcing Guzman off the road and onto the shoulder of the Highway. Guzman lost control of his vehicle and ended up traveling through the median and the two lanes of southbound traffic. Floyd noticed the out-of-control Guzman vehicle and she applied her brakes and veered right to avoid being struck by Guzman. Unfortunately Guzman’s vehicle collided with Floyd’s vehicle on the right shoulder of the southbound lanes. Floyd’s vehicle entered the ditch and overturned.

Plaintiff’s negligence theory: Failure to maintain adequate lookout and improper lane change by Schwarz.