Evans v. American Family Mut. Ins. Co., et al.

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No award for pain, suffering for plaintiff

MOTOR VEHICLE ACCIDENT: $214 Verdict

Case name: Evans v. American Family Mut. Ins. Co., et al.

Case number: 07-CV-664

Court: Sauk County Circuit Court

Judge: Patrick Taggart

Verdict amount: $214 (defense verdict)

Date of incident: Oct. 18, 2004

Original filing date: Oct. 20, 2007

Date of disposition: Feb. 24, 2010

Insurance: American Family Mutual Insurance Company

Injuries claimed: Plaintiff complained of continued pain as a result of injuries to her neck and upper back.

Verdict & Settlement: Jury returned a defense verdict.

Original amount sought: Plaintiff requested $69,097 in closing.

Highest offer: None

Award: Verdict: $285 in past medical expenses, $0 in pain and suffering. Plaintiff ultimately received $213.75 after reducing the $285 award by the 25 percent liability apportioned to plaintiff.

Plaintiff’s attorneys: Eric P. Molberg, Chiquoine & Molberg, SC, Reedsburg

Defendant’s attorneys: Chester A. Isaacson, Corneille Law Group, LLC, Madison

Plaintiffs expert witnesses: Rana Haupt, PA

Defendants expert witnesses: Alvin Krug, MD

Defense counsel’s summary of the facts: In this case, the Corneille Law Group defended the driver of a motor vehicle who collided with plaintiff’s vehicle when pulling out of a gas station into traffic. Plaintiff complained of continued pain as a result of injuries to her neck and upper back. In closing argument, plaintiff requested an award of $9,097 for medical expenses and $60,000 in pain and suffering. The jury apportioned 25 percent of the liability to plaintiff and awarded her $285 — the cost of her initial visit to the emergency room. Plaintiff received no pain and suffering award.