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Peter Andresek v. Gilbert Nelson

MOTOR VEHICLE ACCIDENT: $1.05 million Settlement

Failure to yield right of way causes crash

MOTOR VEHICLE ACCIDENT: $1.05 million Settlement

Case name: Peter Andresek v. Gilbert Nelson

County: Milwaukee County

Judge: Gerald Schmidt, mediator

Settlement amount: $1,050,000

Special damages: Past medical expenses: $350,694; past wage loss: $26,354; future loss of earning capacity: $642,600 claimed

Date of incident: July 23, 2008

Insurance carrier: Acuity

Plaintiff’s attorneys: Laurence J. Fehring, Habush Habush & Rottier SC

Defendant’s attorneys: Lance Grady, Grady, Hayes & Neary, LLC

Injuries claimed: Plaintiff’s injuries (w/details): A traumatic closed head brain injury involving multiple skull fractures, bilateral frontotemporal contusions with intracranial hemorrhage; A comminuted fracture of the left fibula/tibia (ankle pilon type fracture) requiring multiple surgeries, after the use of an external fixator; A right lateral femoral condyle fracture (right knee) also requiring surgical repair; A left ulnar styloid (wrist) fracture; A right sacroiliac joint ligament injury combined with pubic symphysis diastasis (separation of the pelvic bone) An anterior lateral free tissue transfer (skin grafting) to battle the nasty infection and tissue damage to his left lower extremity; Various lacerations (thigh, back of head, etc.) and skin damage. The long road to recovery has left Andresek with the inability to smell, and its combined impact on his taste, diminished hearing, a changed personality, difficulty processing information with executive dysfunction, memory problems and other cognitive deficits (all the result of his traumatic brain injury), an ankle that is extremely weak, extremely painful and hideous to observe, a knee that is painful with simple activities, and the constant fear of an infection recurring and arthritis progressing further than it already has.

Verdict & settlement: Settlement for plaintiff

Original offer: $750,000

Disposition date: April 7, 2010

Plaintiffs expert witnesses: Laura Liddicoat on THC, State Crime Lab; Gregory J. Schmeling, M.D., Orthopedics; John LoGiudice, M.D., Plastic Surgery; John Baumgart

Defendants expert witnesses: Dennis Skogen, Accident reconstruction

Plaintiff counsel’s summary of the facts: Peter Andresek was operating his motorcycle within the posted speed limit northbound on South 145/Fond du Lac Avenue and was struck by Gilbert A. Nelson. Nelson proceeded from the stop sign travelling eastbound, without warning, directly into Andresek’s path. After the collision, Nelson veered into the westbound lanes and struck another vehicle.

Plaintiff’s negligence theory: Defendant’s failure to yield right of way from stop sign.

Defendant’s position: Contributory negligence on plaintiff motorcyclist, charged with operating with THC in system.

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