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Plaintiff settles after car accident

By: WISCONSIN LAW JOURNAL STAFF//August 23, 2012//

Plaintiff settles after car accident

By: WISCONSIN LAW JOURNAL STAFF//August 23, 2012//

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This accident took place at the intersection of highways V and I in the town of Vienna, which is in northern Dane County.

The plaintiff, Toni Morrow, was proceeding westbound on V in a fully marked State Patrol vehicle. The defendant, Peter Stark, ran the stop sign on Highway I while attempting to turn westbound on V. The vehicles collided.

Morrow testified she recalled seeing the defendant slow down as he approached the stop sign. She assumed he would stop, which is certainly her right.

The next thing she knew, she was about to be struck broadside. She was able to barely get on her brakes and swerve slightly to the right before impact. All of this was verified by the black box data taken from her vehicle.

The plaintiff’s vehicle’s black box data revealed she was driving at approximately 58 mph before she hit her brakes.

The impact was to the left side of the plaintiff’s vehicle. As a result, Morrow sustained injuries to her left knee, left hip and left elbow.

Morrow also sustained a series of psychological injuries, including a combination of post-traumatic stress disorder, depression and an anxiety disorder.

Shortly after the accident, Morrow was deemed totally disabled by the state of Wisconsin as well as the Social Security Administration. She was forced to take early retirement.

While there was not much debate about the nature and extent of the plaintiff’s orthopedic injuries, there was substantial debate as to the effect her psychological injuries would have on her future earning capacity.

The case was settled in mediation one month before trial. There were no settlement discussions before the mediation.

Motor Vehicle Accident

Settlement: $1.6 million

Case name: Toni Morrow vs. Peter J. Stark, Strieter Farm Truck Service LLC, Rural Mutual Insurance Company

Case number: 10 CV 3409

Court: Dane County Circuit Court

Injuries claimed: The plaintiff sustained a left displaced posterior acetabular wall fracture, a tibial plateau fracture and a left ulnar nerve compression injury. She also sustained a series of psychological injuries including a combination of post-traumatic stress disorder, depression and an anxiety disorder.

Special damages: $412,759 in future wage loss/future loss of earning capacity, $272,005 in past medical expenses, $246,461 in past wage loss and $112,436 in future medical expenses

Disposition date: April 19

Plaintiff’s attorney: Alexander Kammer, of Atterbury, Kammer & Haag SC, Middleton

Defense attorney: Scott Pernitz, of Winner, Wixson & Pernitz LLC,
Madison

Plaintiff’s expert witnesses: Dr. James Keene, orthopedics, UW Health, Madison; Dr. Cynthia Stanford, psychologist, Dean Health, Madison; Dr. Johnathan Teuting, orthopedics, UW Health; Dr. Matthew Squire, orthopedics, UW Health; Chuck Collins, Appleton; Dr. Ross Lynch, vocation expert, Madison

Defendants’ expert witnesses: Dennis Skogen, accident reconstruction, Madison; Tim Riley, vocational expert, Milwaukee; Dr. Charles Hodulick, psychologist, Madison; Dr. Charles Klein, orthopedics, Milwaukee

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