Injuries claimed: Plaintiff’s car was occupied by a couple in their 50s and their 4-year-old granddaughter. The grandfather suffered a fractured left tibia and fibula repaired with intramedullary nailing, and post-traumatic stress disorder. His wife died instantly in the collision, and their granddaughter also died from traumatic asphyxiation as their car was crushed.
Court: Dane County Circuit Court
Judge: C. William Foust
Verdict & settlement: Settled during trial in favor of plaintiff
Settlement amount: $6,900,000
Date of incident: Aug. 17, 2004
Disposition date: July 23, 2009
Plaintiffs attorney (firm): David E. Rapoport and Paul D. Richter, Rapoport Law Offices, Chicago; Keith R. Clifford and Terrence M. Polich, Clifford & Raihala, S.C., Madison; Robert F. Foss, Baum, Hedlund Law Firm, Los Angeles, CA
Defendants attorney (firm): Jay Starret, Whyte Hirschboeck Dudek, S.C., Milwaukee
Plaintiffs expert witnesses: Robert Huntington, MD Gerald Lang, MD Frank Ochberg, MD
Plaintiff counsels’ summary of the facts: Semi-tractor-trailer rear ended a passenger car stopped in traffic, killing two occupants and seriously injuring a third.