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William Backes vs. Daniel Eveland

Car accident results in knee replacement

MOTOR VEHICLE ACCIDENT: $665,000 settlement

Injuries claimed: Fractured leg; knee replacement

Court: Iowa County Circuit Court

Case name: William Backes vs. Daniel Eveland

Case number: 08CV47

Judge: William Dyke

Verdict & settlement: Settlement in favor of plaintiff

Original amount sought: $1,000,000

Original offer: $350,000

Award: $665,000

Special damages: Past medical expenses: $200,000; past wage loss: $29,000; future medical expenses: $60,000

Resolution date: Sept. 4, 2009

Trial date: Sept. 16, 2009

Plaintiff’s attorneys: Douglas E. Swanson, Habush Habush & Rottier SC, Waukesha

Defendant’s attorneys: Stephen Murray, Coyne Schultz Becker & Bauer

Plaintiffs expert witnesses: Dr. Michael Anderson, Orthopaedic Surgery, Milwaukee VA Hospital

Defendants expert witnesses: Dr. David Fetter, Orthopaedic Surgery, Brookfield

Plaintiff counsel’s summary of the facts: Plaintiff was driving through intersection. Defendant driver struck rear of vehicle waiting to turn left after it had cleared the intersection. That vehicle was pushed across center lane and head on collision into plaintiff.

Plaintiff’s negligence theory: Defendant rear-ended vehicle pushing it into plaintiff’s vehicle.

The collision occurred in Arena, Wisconsin at the intersection of Hwy 14. Daniel Eveland struck the rear of a stopped vehicle, driven by Kathleen Schulz, which was waiting to turn left. As a result, Schulz’s vehicle was pushed across the center line directly into the path of the plaintiff. Schulz was dismissed from this action.

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