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Personal injury Vehicle Collision: $162,836 verdict

By: WISCONSIN LAW JOURNAL STAFF//July 7, 2023//

Personal injury Vehicle Collision: $162,836 verdict

By: WISCONSIN LAW JOURNAL STAFF//July 7, 2023//

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Type of action: Personal injury Vehicle Collision
Injuries: Alleged – L5 disc herniation/aggravation
Name of case: John Stewart McLaughlin v. Progressive Universal Insurance Company, Amanda L. Chukkala and West Bend Mutual Insurance Company

Venue: Milwaukee County

Case Number: 21-CV-3005.
Name of judge or mediator: Judge Mary Kuhnmuench

Special damages: Economic damages consisting of about $86,000

Demand: $100,000.00

Offer: $70,000.00

Verdict or settlement: Verdict Amount $162,836.46

Attorney(s) for plaintiff (and city): Lead trial lawyer Benjy Wagner and Jesse Blocher of the Habush Habush & Rottier Milwaukee and Waukesha Offices

Attorney(s) for defendant (and city): Steve Snedeker defended on behalf of Progressive. Eric Darling defended on behalf of West bend.

Plaintiff’s experts:
Dr. Andrew Beykovsky
Defendant’s experts
Dr. Stephen E. Robbins.

Insurance carrier(s)
Progressive and West Bend

Description of Case:
Lead trial lawyer Benjy Wagner and Jesse Blocher of the Habush Habush & Rottier Milwaukee and Waukesha Offices, respectively, obtained a fantastic trial verdict in Milwaukee County on a very difficult case.

Steve Snedeker defended on behalf of Progressive. Eric Darling defended on behalf of West bend. The defense medical examiner was Dr. Stephen E. Robbins.

The 40 year old plaintiff was in the process of buckling his seatbelt while parked when his vehicle was struck from behind by another driver. The property damage was minimal, at best.

The injury consisted of an L5 disc herniation/aggravation. Problems in the evidence included the Plaintiff insisting on squad video that he was not injured, and also numerous references in the medical records to preexisting similar symptoms, including from the day before the accident.

The final offer pre-trial was $70,000.00. The final demand was $100,000.00. The jury returned a verdict of $162,836.46, consisting of about $86,000 in economic damages, and the remainder in pain & suffering.

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