Nicholas Kraby vs. Juan Gomez

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MOTOR VEHICLE ACCIDENT: $75,000

Injuries alleged: Multiple lacerations to his face

Case name: Nicholas Kraby vs. Juan Gomez

Court: Milwaukee County Circuit Court

Case number: 08CV016391

Mediator: Gerald Schmidt

Insurance: American Family Insurance Group

Plaintiff’s attorney/firm: Mark S. Young, Habush Habush & Rottier, SC

Defendant’s attorney/firm: Mary Kniaz, American Family

Date of occurrence: Nov. 26, 2005

Plaintiff’s first demand: $100,000

Defendant’s first offer: $50,000

Verdict/settlement: Mediation

Amount of settlement: $75,000

Plaintiff’s past medical expenses: $18,083; plaintiff’s past wage loss: $2,150; plaintiff’s future medical expenses: $15,000 to $20,000

Plaintiff’s expert witnesses: Dr. John Yousif, Plastic and Reconstructive Surgery, Mequon

Plaintiff counsel’s summary of facts: Kraby was traveling Southbound on S. 27th Street. At the intersection of West Cold Spring Road and South 27th Street, Kraby entered the intersection with a flashing yellow light. At the same time, Gomez was traveling West on Cold Spring Road and entered the intersection with a red light, crossing into the path of Kraby. Prior to the crash, Gomez had been arguing with his passenger and was under the influence of alcohol.

Plaintiff’s negligence theory: Gomez failed to yield right of way and also was operating a motor vehicle under the influence of alcohol.

Defendant’s Position: Disputed value of damages.