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
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.