Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

MEDICAL NEGLIGENCE: ZERO DOLLARS Case name: Shepherd v. Dr. D and Hospital Case type: Medical negligenceCase number: 04-CV-3971 Court: Dane County Judge: James Martin Injuries alleged: Hypoxic ischemic encephalopathy leading to cerebral palsy causing permanent cognitive and neurologic damage. Original amount sought: In final argument, the plaintiff requested an award for future medical ... Subscribe Login Digital and mobile only1 ...

PERSONAL INJURY: $209,000 Injuries claimed: Torn biceps tendon muscle on dominant arm. Court: Milwaukee County Case name: Patrick Moore v. Angela Palmer and Safeco Ins. Case number: 06CV7198 Judge: John DiMotto Verdict & settlement: Jury returned plaintiff verdict Original amount sought: $80,000 Original offer: $40,000 Award: $209,000 net verdict Date of incident: Aug. 9, 2003 ... Subscribe Login Digital and ...

DISCRIMINATION: $686,192Case number: 07-C-0213S, Western District of Wisconsin; 08-1110, 7th Circuit Court of AppealsVerdict & Settlement: SettlementSettlement amount: $686,192Disposition date: Sept. 8, 2008Plaintiffs attorney (firm): Marilyn Townsend, Frederick B. Wade, and Robert J. KasietaPlaintiff counsel’s summary of the facts: In October 2007, a federal court jury in Madison, Judge John Shabaz presiding, found that the ... Subscribe Login Digital and ...

PERSONAL INJURY: ZERO DOLLARSCase name: Kristin M. Hinkel, et al. vs. American Family, et al.Court: Dane County Circuit CourtCase number: 07-CV-1061Judge: C. William FoustVerdict & settlement: Jury returned defense verdictInjuries claimed: Right broken clavicleOriginal amount sought: $45,000Original offer: $20,000Award: Zero dollars; plaintiff: 63 percent causally negligent; defendant: 37 percent negligentDate of incident: April 1, 2004Disposition ... Subscribe Login Digital and ...

PERSONAL INJURY: $375,000Case name: Craig R. Winkler v. Lake-side International TrucksCourt: Portage County Circuit CourtInsurer(s): ProgressivePlaintiff attorney: David E. Sunby, Habush Habush & Rottier, S.C.Date of incident: March 7, 2007Plaintiff’s negligence theory: Failure to have control, speed too fast for conditionsDefendant’s position: Plaintiff had lost control at some spot — possible no negligence findingPlaintiff’s injuries: ... Subscribe Login Digital and ...

PERSONAL INJURY: $2.2 MILLIONCase name: Darryl L. Scheel v. Thomas MielkeCourt: Dodge County Circuit CourtInsurance: West Bend Mutual InsurancePlaintiff’s attorney: Timothy Trecek, Habush Habush & Rottier, S.C.Date of incident: April 16, 2005 Plaintiff’s injuries: Amputation of right leg below the knee, facial injuries, forehead lacerations, cracked/missing teeth, fractured right forearm.Plaintiff’s experts: Skogen Engineering Past medical ... Subscribe Login Digital and ...

PERSONAL INJURY: $457,500Case name: Tracy Olson v. Progressive Insurance, et al. Court: Taylor County Circuit CourtCase no.: 06-CV-90Judge: Gary Carlson; mediator: Stephen HansenLiability insurer(s): Progressive Insurance Plaintiff attorney: Brenda K. Sunby, Habush Habush & Rottier Defendant attorney: Spencer Davczyk, Davczyk & Varline Date of incident: May 6, 2006Plaintiff’s negligence theory: Gate should not have been ... Subscribe Login Digital and ...

PERSONAL INJURY: $850,000Case name: Patrick J. Pollack v. Pepsi Cola Co. of AntigoCourt: Shawano County Circuit CourtCase number: 07-CV-86Mediator: Skip BeisensteinPlaintiff attorney: David E. Sunby, Habush Habush & RottierDefendant attorney: Thomas L. Williams, Gabert, Williams & FarbDate of incident: Jan. 26, 2005Plaintiff’s negligence theory: Regular failure to yield caseDefendant’s position: Some contributory negligencePlaintiff’s injuries: Fractured ... Subscribe Login Digital and ...

PERSONAL INJURY: $1.4 MILLIONCase name: Thomas C. Ritchie v. Speedway Sand & Gravel Inc.Court: Dane Count Circuit CourtCase Number: 06CV2584Mediator: John R. TeetaertInsurer(s): Cincinnati Insurance CompanyPlaintiff attorney: Craig A. Christensen, Habush Habush & Rottier S.C.Defendant attorney: Brian C. Hough, Axley Brynelson LLPDate of incident: Oct. 30, 2003Plaintiff’s injuries: Knee contusion, Chronic Regional Pain Syndrome (CRPS) ... Subscribe Login Digital and ...

MEDICAL MALPRACTICE: $18.2 MILLIONInjuries claimed: Brain damage due to lack of oxygen during birth, causing cerebral palsy and developmental delaysCourt: U.S. District Court, Eastern District of WisconsinCase name: Jessica Fonseca, et al. v. United States of AmericaCase number: 01-C-544Judge: Lynn AdelmanOriginal amount sought: $7.3 million Original offer: Less than $7 millionAward: $18.2 millionDate of incident: ... Subscribe Login Digital and ...

PERSONAL INJURY: $1.15 MillionCase name: Jill A. and Jeffrey A. Farvour v. American Family Mutual Insurance CompanyInjuries claimed: Comminuted fractured hip, fractured ankle, lacerated knee, bilateral rotator cuff tear, fractured wrist and fractured index finger.Original amount sought: $1,150,000Settlement amount: $1,150,000Verdict/settlement: Settlement reached prior to filing a cause of action.Past medical expenses: $257,944Future medical expenses: $85,000Loss ... Subscribe Login Digital and ...

PERSONAL INJURY: $7,697Case name: Ginger Gates v. Samuel Goodall and American Family Mut. Ins. Co.Court: Dane County Circuit Court 06CV1732Injuries alleged: Right shoulder, neck and arm painOriginal amount sought: $49,000 at mediationHighest offer: Defendants’ statutory offer for $9,000, plus costsAmount won: $7,697Judge: Juan B. ColasVerdict/settlement: Jury returned a defense verdictDisposition date: April 1, 2008Original filing ... Subscribe Login Digital and ...

MEDICAL MALPRACTICE: $2 MillionInjuries claimed: Cognitive injuries and left-sided weakness (paralyzed left hand and weakened left leg)Court: Fond du Lac CountyCase name: Thomas Jandre vs. Therese Bullis, M.D.Case number: 04CV363Judge: Robert WirtzVerdict & Settlement: Verdict in favor of plaintiffOriginal offer: No offers of settlement from defenseAward: $2,011,185Special damages: Plaintiff’s past medical expenses: by stipulation $200,000; ... Subscribe Login Digital and ...

MOTOR VEHICLES: $1.1 MILLIONInjuries claimed: Permanent neck and backCourt: Racine County Circuit CourtCase name: John H. Anderson vs. Randy Sexton, Cass Trucking, Inc. and West Bend MutualCase number: 07-CV-1064Judge: Emily MuellerVerdict & settlement: $1,145,000Original amount sought: $250,000 - $350,000Original offer: Defendants offered $75,000Award: Past medical expenses: $45,000; past pain, suffering and disability: $225,000; future medical ... Subscribe Login Digital and ...

Summary of the facts: Plaintiff claimed defendant’s dog knocked her to the ground as she walked past defendant’s house on a city sidewalk. Plaintiff did not receive a bite. Defendant’s son claimed he was watching the dog and plaintiff was not present and the dog did not knock anyone down. Defendants took the position that ... Subscribe Login Digital and ...

Defense counsel’s summary of the facts: This case arose out of a motor vehicle accident where plaintiff was rear ended by Hoover. Plaintiff was pushed into the car in front of her. She did not complain of any injury at the scene but later that day she sought treatment at an Urgent Care clinic. Plaintiff ... Subscribe Login Digital and ...

Defense counsel’s summary of case: This medical negligence case involved claims against both a family practitioner and a cardiologist that they were negligent for failing to properly diagnose and treat the patient’s coronary artery disease, leading to the patient’s death. Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 Print, digital and mobile1 Year$329 Digital ...

Highest offer: $500,000Verdict: No negligenceVerdict date: March 30, 2007 (This matter is presently before the Wisconsin Court of Appeals.)Defense attorney law firm: Corneille Law Group, LLC, by Barrett J. Corneille and Colleen L. Meloy, on behalf of Dr. B.; Bell, Gierhart & Moore, S.C., by David McFarlane, on behalf of Wisconsin Injured Patients and Families ... Subscribe Login Digital and ...

Injuries claimed: The plaintiff claimed to have suffered a neurologic injury to his upper extremity causing pain and weakness. Original amount sought: Plaintiff’s counsel requested the following awards from the jury during final argument: Past health care expenses: $96,000 - $129,000Past loss of income: $75,000Future loss of income: $375,000 - $502,000Past pain and suffering: $300,000Future ... Subscribe Login Digital and ...

Special damages: past medical expenses: $135,694; past wage loss: Contested issue; plaintiff argued past wage loss somewhere in the neighborhood of $250,000-$300,000; defendant argued past wage loss was somewhere between $30,000 and $80,000; future medical expenses: $35,787; future loss of earnings: Plaintiff argued there was a number of different ways that future loss of earning ... Subscribe Login Digital and ...

Defense counsel’s summary of the case: This case arose out of a low velocity traffic accident on Jan. 7, 2004 at 4:45 p.m. in Janesville. An uninsured driver, Kristin Ransom, rear-ended Scott Weadge’s truck at a stop light. No one claimed injury at the scene of the accident and law enforcement was not called to ... Subscribe Login Digital and ...

Plaintiff counsel’s summary of the case: Mary Whitehead was a passenger in a van operated by the defendant, Michael Willson, when it left I-80 in Iowa and crashed. Mr. Willson apparently fell asleep at the wheel. Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 Print, digital and mobile1 Year$329 Digital and Mobile only1 MonthIntro ...

Plaintiff counsel’s summary of the case: Deante Calvin was a passenger in his grandmother’s car. In a construction zone where temporary stop signs had been placed in an unusual configuration, the truck driver failed to see the signs requiring him to stop.Deante’s grandmother had stopped at her stop sign which was set back some 70 ... Subscribe Login Digital and ...

Plaintiff counsel’s summary of the facts: An automated storage system at Quad/Graphics’ printing plant in Lomira collapsed after two months of use while carrying less than 42 percent of its required weight capacity. The collapse started a fire in the stored paper materials, which burned for three weeks. Quad/Graphics’ property insurer, Industrial Risk Insurers, paid ... Subscribe Login Digital and ...