Milwaukee attorney secures $2.5 million personal injury settlement

A Milwaukee attorney has secured a $2.5 million personal injury settlement for his client.

On Sept. 24, 2021, Michael F. Finizia, a head chef from Miami, was working at the Ryder Cup. The now 50-year-old was walking to his hotel room at night in a “poorly lit parking lot of a resort” where he was staying when he was hit and run over by a bus, according to Milwaukee Attorney Mark Thomsen.

Finizia is represented by Thomsen, who works at the firm Gingras, Thomsen & Wachs LLP in Milwaukee.

He is also represented by local counsel in Florida, Aaron Davis and Michael Bild of Davis Goldman LLC in Miami.

The bus was driven by the defendant, Lilly Purifoy, as she made a left turn down an aisle in the parking lot, Thomsen said.

Purifoy is represented by Bradley J. Barmen of Lewis Brisbois in Cleveland. She is also represented by Philip Tallmadge and Micaela Brinsley of Crivello, Nichols & Hall S.C. in Milwaukee.

According to Thomsen, the bus was owned and operated by B&B Buses LLC and insured by RLI Ins. Co.

Finizia suffered from severe injuries that required both legs to be surgically repaired, according to Thomsen.

Thomsen noted Finizia was wearing dark work clothes and a black hoody and it was raining. Finizia did not see the bus but turned his head to the right as he was hit.

Purifoy also did not see Finizia, according to Thomsen, who noted that defense expert David A. Noyce said that Finizia acted in an unsafe manner by not using the designated pedestrian walkways, that pedestrians wearing black clothing are difficult to see given the lack of contrast at night and that Finizia was more likely undetectable to the driver of the bus.

The parties’ reconstruction experts, Paul Erdtmann and Curtis Beloy, both said that Michael Finizia was in Lillie Purifoy’s sightline for the five seconds before impact and the bus was going 10-11 mph; Purifoy said she was going 5 mph.

Beloy opined that if Finizia would have looked to his right he would have seen the bus and that Finizia essentially walked into the bus. Baareman said that consistent with state and federal motor carrier regulations, Purifoy should have slowed and cleared the area to her left before making a left turn and that the accident was preventable.

Plaintiff’s experts

Paul Erdtmann, Skogen Engineering Group Inc., Madison

Larry Baareman, Traffic Reconstruction & Transportation Compliance, Byron Center, Michigan

Joseph I. Fernandez, M.D., F.A.C.S., Chairman, Dept. of Orthopedic Surgery Baptist Hospital, Miami

Craig H. Lichtblau, M.D., P.A., Physical Medicine and Rehabilitation, North Palm Beach, Florida

Stuart B. Krost, M.D., P.A., Physical Medicine & Rehabilitation, Pain Management, Lake Worth, Florida

Kevin L. Schutz, M.S., LPC, Rehabilitation Counseling and Consulting, Madison

Defendant’s experts

Curtis Beloy, 4MOTO Engineers, LLC, Madison

David A. Noyce, 4MOTO Engineers, LLC, Madison

Thomas B. Viehe, Orthopaedic Associates of Wisconsin, Pewaukee, Wisconsin

Leanne Panizich, Laris Rehabilitation Ltd, Waukesha, Wisconsin