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.