MOTOR VEHICLE ACCIDENT: $495,196 Settlement
Case name: Hartwig v. Eland
Case no.: 09-CV-220
Judge: Tim Duket
Court: Marinette County
Injuries: Fractured left forearm; permanent nerve damage in forearm/elbow and arthritis in left wrist
Verdict/settlement: Settlement for plaintiff
First demand: $931,021
First offer: $125,000
Settlement amount: $495,196
Special damages: Plaintiff's past medical expenses: $56,386; plaintiff's past wage loss: $34,865 and an additional business expense in the amount of $34,865; plaintiff's future medical expenses: $15,348-$25,348; plaintiff's future loss of earning capacity: $331,772, and an additional future business expense of $33,000.
Disposition date: Sept. 15, 2009
Date of incident: May 19, 2006
Insurance: Nationwide Insurance Company
Policy limit: $500,000
Plaintiff’s attorney: Ralph J. Tease, Jr., Habush Habush & Rottier SC
Defendant’s attorney: Joseph J. Ferris, Kasdorf, Lewis & Swietlik, SC
Plaintiff’s experts: Dr. John Bax & Dr. Jon Cherney, Hand & Upper Extremity Center of Northeast Wisconsin, Appleton; Dr. Thomas Leow, Bay Area Orthopedics, Marinette; Ross K. Lynch, Professional Rehabilitation Service, Madison
Plaintiff counsel’s summary of the case: Defendant Ashley Eland attempted to change lanes. She didn’t see Mr. Hartwig’s vehicle in the next lane, and collided with his vehicle. The impact caused the Hartwig vehicle to leave the roadway, strike a traffic control signal and come to rest against a business sign.
Plaintiff’s negligence theory: Defendant failed to properly and safely change lanes.