Plaintiffs win settlements in wrongful death action

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A wrongful death action filed in Rock County Circuit Court ended with two settlements awarding the plaintiffs a total of $1,521,500.

Under the terms of the first settlement agreement, approved May 29, 2012, by Judge Daniel Dillon, defendant insurance companies agreed to pay $21,500 as settlement of all claims, except as to defendant James Monroe Humphrey personally, to compensate the minor plaintiffs for the loss of their father.

Under the terms of the second settlement agreement, the defendant, Humphrey, stipulated that he acted negligently and his negligence caused the death of the plaintiffs’ decedent. He further stipulated that the decedent had earned approximately $26 per hour as an electrician and if the decedent had worked to the age of 67 years, he would have earned $2,000,960 not including overtime.

As such, the minor plaintiffs would be entitled to the wrongful death nonpecuniary limits of $350,000. However, in order to settle the matter without the need for additional litigation, the parties stipulated to judgment against Humphrey in the amount of $1.5 million. The judge entered judgment accordingly June 14, 2012.

Case history:

According to the complaint, filed Dec. 27, 2011, Humphrey and defendant Richard Tyler Hall were outside a Janesville tavern June 4, 2010, when a Jeep drove past them. Humphrey and Hall believed the Jeep came too close to their motorcycles and was being driven in a reckless manner. They got on their motorcycles and began following the Jeep.

Upon catching up to the vehicle, Humphrey allegedly pulled out a gun and shot into the air in an attempt to get the attention of the driver. The driver reportedly did not react and Humphrey allegedly was going to shoot over the top of the Jeep in order to get the driver’s attention. However, as the plaintiffs’ attorney asserted in the complaint, the Jeep veered towards Humphrey or Humphrey was negligent in the handling of his motorcycle and it got too close to the Jeep. As Humphrey attempted to increase the distance between the motorcycle and the Jeep, the handgun reportedly discharged accidentally, striking and killing Samuel Aegerter, a backseat passenger in the Jeep.

Humphrey pled guilty to first-degree reckless homicide, a class B felony. He was sentenced to 45 years in prison without eligibility for the Challenge Incarceration Program, Earned Release Program or Risk Reduction Program. Extended supervision of 10 years also was ordered (Rock County case number 2010CF001361).

Amanda Aegerter, as special administrator, personal representative and power of attorney for the Estate of Samuel Aegerter and guardian of his two minor children, sought monetary damages as compensation for pain, suffering, funeral expenses, loss of decedent’s pecuniary support and loss of his love, affection and consortium.

The plaintiffs’ attorney asserted Hall and Humphrey were both negligent, “participating in a situation of mutual stimulation” and “in the common plan to commit the negligent act of pursuing a vehicle to yell at the occupants, brandishing a weapon, firing it into the air in order to get the attention of the Jeep driver,” and negligently operating their motorcycles. The plaintiffs’ attorney also argued the defendants acted in accordance with a common scheme or plan, as enumerated in Wis. Stat. § 895.045(2) and as a result, were jointly and severally liable for all damages resulting from their concerted action.

Before the plaintiffs reached the settlement agreements, the court dismissed the plaintiffs’ claims against Hall and two of the defendant insurance companies: Erie Insurance Exchange and Dairyland Insurance Co.

Hall had argued that the plaintiffs’ allegations did not establish that his alleged negligence was a “substantial factor” or “cause-in-fact” in causing Samuel Aegerter’s death. Hall asserted that, even if his alleged negligence were found to be a substantial factor, Humphrey’s unilateral and independent decision to fire a weapon superseded Hall’s alleged negligence and relieved Hall of liability as a matter of law and public policy. Hall asserted that the facts as alleged did not establish concerted action that would make Hall jointly and severally liable for Humphrey’s alleged negligence.

— Cristina Janda