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
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.