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Constance Lang vs. Christopher Metz


Injuries claimed: Extensive fractures to both legs, ankles and feet, fractured sternum, and fractured finger; Foot amputated and numerous scars from surgeries

Court: Wood County Circuit Court

Case name: Constance Lang vs. Christopher Metz

Case number: 2008-CV-807

Judge: Hon. Gregory Potter

Verdict & settlement: Settlement in favor of plaintiff

Award: $1,990,000; The action continues against the insured, Sternweis & Sons, for excess.

Special damages: Plaintiff’s past medical expenses: $1.2 million and still treating; Plaintiff’s past wage loss: patient has returned to work part time

Date of incident: Sept. 17, 2008

Plaintiffs attorney (firm): D. J. Weis, Habush Habush & Rottier, S.C.

Defendants attorney (firm): Ward Richter, Bell, Gierhart & Moore, S.C.

Insurance carrier: General Casualty Co. of WI

Liability policy limits: $2 million

Plaintiff’s counsel’s summary of facts: The defendant was driving a concrete truck. That truck was following another truck. Both vehicles were following a school bus. The school bus slowed in anticipation of picking up a child. The truck then slowed behind the school bus. The concrete truck did not notice the other truck slowing down and rear ended it. The truck that was rear ended was then propelled into the opposite lane of traffic and struck Ms. Lang’s vehicle head on. The action was started against the insurer of the concrete truck, General Casualty Co., and the concrete company, Sternweis & Sons, the employer of the concrete truck driver. The action was resolved with the insurer, General Casualty, but continues against Sternweis & Sons.

Plaintiff’s negligence theory: Inattentive driving and following too close.

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