Case name: Rogers vs. Kleinhas, et al.
Case no: 08-CV-1100
Court: Washington County Circuit Court
Judge: Hon. Patrick Faragher
Injuries alleged: Cervical Spine Injury which required two surgeries
Original amount sought: $2.5 Million
Highest offer: $1.7 Million
Amount: $1.7 Million
Disposition date: May 11, 2010
Original filing date: Oct. 9, 2009
Date of incident: Oct. 11, 2005
Plaintiff attorney: Patrick R. Griffin, Griffin Law Center, (http://my.execpc.com/~coleyg/) West Bend
Defense attorney: John T. Juettner, Crivello Carlson SC, (http://www.crivellocarlson.com/) Milwaukee
Plaintiff’s experts: James E. Cain MD, Spinal Surgeon Edward G. Reshel MD, Neurologist Robert N. DeYoung MD, Clinical Psychologist Richard Hass MD, Pain Management Tim Riley, Sarah Holmes, Vocational Professionals, Inc.
Defendant’s experts: Donald Feinsilver MD, Psychiatrist, Stephan Robbins MD, Orthopedist, Robert Weber, Accident Reconstruction, Debra Anderson, Neuropsychology, LeAnn Panizich, Vocational Analysis, Michael Campbell, Vocational Analysis, John Peters, Economist, Robert Zoeller MD
Insurance: Liberty Mutual Insurance
Plaintiff counsel’s summary of the case: Plaintiff was a passenger in a truck which was being operated by a co-employee which was involved in a collision on Oct. 11, 2005. Plaintiff and the driver were in the course of employment. Plaintiff came to see counsel with a question regarding Worker's Compensation benefits. Upon investigation, they discovered that Plaintiff's employer had a waiver of the co-employee exclusion in its liability policy. Plaintiff suffered a serious neck injury which required two surgeries. Case was settled at mediation after suit was filed. Mediator was Attorney James Smith of Smith, Gunderson & Rowen, SC.