09CV00078 Geraldine Tupper v. American Family Mutual Insurance Company, et al.

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MOTOR VEHICLE ACCIDENT: $500,000
Injuries claimed: Fractured pelvis; fractured right humerus with dislocation. During Geraldine Tupper’s hospitalization following the crash, surgery was scheduled to repair her right humerus fracture. However, due to Tupper’s weakened condition, the decision was made to cancel the surgery. Unfortunately, this meant that her fractured arm did not heal back in proper anatomic alignment, leaving her with significant loss of range of motion that affects her ability to do many activities of daily living. Prior to the accident, Tupper was independent, and living on her own.
Court: Waukesha County Circuit Court
Case name: Geraldine Tupper v. American Family Mutual Insurance Company, et al.
Case number: 09CV00078
Judge: Honorable Michael O. Bohren
Verdict/settlement: Settlement
Award: The case settled at mediation for the $500,000 policy limits, in return for a full release of all claims, including any potential excess claim against Mr. Kream and his mother, who sponsored him. Gary Kuphall of Stierman, Steffens & Kuphall, S.C., served as the mediator.
Special damages: $272,264.64, including past medical expenses of $89,996.21; past in-home nursing care and assistance of $29,819.95; and future in-home nursing care and assistance of $109,948.48.
Date of incident: Aug. 20, 2007
Disposition date: Jan. 13, 2010
Original filing date: Jan. 7, 2009
Plaintiff’s attorney (firm): Edward E. Robinson of Cannon & Dunphy, S.C.
Defendant’s attorney (firm): James T. Murray, Jr., Peterson, Johnson & Murray, S.C.; Robert A. Levine, Law Offices of Robert A. Levine.
Insurance carrier: American Family Mutual Insurance Company
Plaintiff’s expert witnesses: Dr. Susan Larson, Physical Medicine & Rehabilitation; Dr. Amy Franta, Orthopedic Surgeon
Defendant’s expert witnesses: Dr. Sridhar Vasudevan, Physical Medicine & Rehabilitation; Dr. Austin Boyle III, Orthopedic Surgeon
Plaintiff counsel’s summary of the facts: On Aug. 20, 2007, at approximately 8:37 a.m., the plaintiff, Tupper (age 80) was traveling northbound on Calhoun Road, approaching its intersection with Civic Drive, in the City of Brookfield. There were daylight conditions at the time, although it was raining lightly. At the same time, Jacob Kream (age 16) was traveling southbound on Calhoun Road, and was intending to turn left onto Civic Drive. According to Tupper, as she approached the intersection, the traffic light for her direction of travel was still green, but turned yellow just as she got to the intersection. Because she was already entering the intersection when the light turned yellow, she could not stop. Unfortunately, as soon as the light turned yellow, Kream, instead of yielding to Tupper, proceeded to make his left turn, causing him to collide into the front of Tupper’s vehicle. As a result of this collision, Tupper’s vehicle was then pushed into a vehicle that was stopped for the red light in the westbound lane of Civic Drive at the intersection. Kream contended that the light had already turned yellow prior to Tupper reaching the intersection, and that Tupper appeared to be slowing as if she were going to stop.