08-CV-3189 Daniel J. Britten v. USAA et al.

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MOTOR VEHICLE ACCIDENT: $359,987
Injuries claimed: Cervical disc herniations at C5-6 and C6-7
Court: Waukesha County Circuit Court
Case name: Daniel J. Britten v. USAA et al.
Case number: 08-CV-3189
Judge: Honorable Michael O. Bohren
Verdict/settlement: Settlement
Amount: $359,987
Original amount sought: The defendant John Stockhausen, a Texas resident, was visiting his parents in Wisconsin and driving their vehicle. That vehicle was insured under a $300,000 liability limit policy issued by USAA. A demand was made for those policy limits, as well as for disclosure of any other applicable policies of liability insurance. An additional $25,000 liability policy issued by USAA to Mr. Stockhausen insuring his personal vehicle in Texas was later disclosed, and a demand was subsequently made for those policy limits as well.
Original offer: None
Special damages: Past medical expenses of $141,054.52, past loss of earnings and loss of pension contributions of $33,316.16; future impairment of earning capacity of $480,445.
Date of incident: June 9, 2008
Disposition date: March 16, 2010
Original filing date: Sept. 10, 2008
Plaintiff’s attorney (firm): Edward E. Robinson of Cannon & Dunphy, S.C.
Defendants attorney (firm): Terry E. Johnson of Peterson, Johnson & Murray, S.C.
Insurance carrier: USAA
Plaintiff’s expert witnesses: Dr. Lynn Bartl, neurosurgeon; Dr. Richard K. Karr, orthopedic surgeon; John Baumgart, vocational expert
Defendant’s expert witnesses: None
Plaintiff counsel’s summary of the facts: The plaintiff Daniel Britten was stopped behind another vehicle at a red traffic light governing his direction of travel on southbound County Highway P at its intersection with Lisbon Road, in Oconomowoc, Wisconsin, when he was forcefully rear-ended by a vehicle being operated by John Gerard Stockhausen. Stockhausen told the investigating police officer that he had dropped a bottle of water, and was attempting to pick it up and took his eyes of the road. As a result of the tremendous impact, Mr. Britten’s vehicle was propelled into the vehicle in front of him.
Noteworthy issues: A notice of claim and proof of loss was submitted to USAA on January 19, 2009 demanding the $300,000 underlying policy limits. The total settlement of $359,986.60 includes $34,986.60 in statutory interest pursuant to Wis. Stat. § 628.46 based on USAA’s failure to timely pay that claim.