Glen Updike vs. David Nelson

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GENERAL NEGLIGENCE: $168,750

Injuries claimed: Bilateral mandible fracture, right femur fracture, right calcaneal fracture, right shoulder injury resulting in adhesive capsulitis, facial lacerations, fractured teeth and multiple abrasions.

Court: Trempealeau County Circuit Court

Case name: Glen Updike vs. David Nelson

Case number: 08CV151

Judge: David Richie, mediator

Verdict & settlement: Settlement in favor of plaintiff

Plaintiff’s first demand: $300,000

Defendant’s first offer: $100,000

Award: $168,750

Special damages: Plaintiff’s past medical expenses: $134,894; plaintiff’s past wage loss: $29,440

Date of incident:Sept. 27, 2005

Plaintiffs attorney (firm): Mark Young, Habush Habush & Rottier SC

Defendants attorney (firm): Paul Millis, Skolos, Millis & Matousek, SC

Insurance carrier: Rural Mutual Insurance Company; liability policy limits: $300,000

Plaintiffs expert witnesses: Thomas Proft, P.E., material science, Germantown; Dr. Steve Bowman, orthopaedic surgeon, La Crosse

Defendants expert witnesses: Robert Bussewitz, Silo sales, Beaver Dam; Carl R. Looper, Jr., Metallurgical and Mineral Engineering, Madison; Robert Emmerich, P.E., Safety Engineer, Madison; Dr. Paul Cedarburg, orthopaedic surgery, Madison; Dr. Richard Fleck, dentist, Madison; Mr. Kevin Schutz and G. Richard Meadows

Plaintiff counsel’s summary of the facts: Updike was performing work on inside of silo located at Nelson’s farm. Updike was sitting atop the silo unloader inside the silo to complete his work when the cables failed causing Updike to fall 30 ft.

Plaintiff’s negligence theory: Nelson knew or should have known the cables were hazardous, dangerous and in an unsafe condition.

Defendant’s position: Denied cables were unsafe; claimed Updike lacked permission to sue unloader; claimed Updike should have worn a safety harness.