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Anthony Marsden, et al. v. William E. Canfield, et al. Waukesha County Case No. 23-CV-1958 Trial Date: November 18-20, 2025 Facts: This matter arose from a motor-vehicle-versus-pedestrian accident on the evening of December 18, 2020, at the intersection of Highway 164 and Skyline Avenue in Big Bend. The plaintiff was a tow truck driver called to the scene of a motor vehicle accident at the same intersection earlier that evening. The first accident had partially blocked the northbound lanes on Highway 164, and police on scene had set up a temporary traffic lane to route northbound traffic gently around the accident scene through the center of the intersection. The plaintiff arrived via southbound Highway 164 and parked his truck across the street. There are no crosswalks at this intersection. The plaintiff attempted to cross the street and was struck by Canfield’s vehicle, which was traveling northbound on Highway 164 and was using the temporary traffic lane setup by police. Issues for Trial: Liability and damages. Before trial, the court found the plaintiff was causally negligent as a matter of law for jaywalking and answered those special verdict questions accordingly, with the issue of defendant’s negligence left to the jury. The plaintiff sustained a severe right tibial plateau fracture and had about $198,000 in past medical expenses for objectively accident-related injuries. The plaintiff was claiming permanency but did not itemize any future medical expenses, past wage loss, or future loss of earning capacity. There was a failure to mitigate damages issue as the plaintiff had elected to indefinitely defer a hardware removal procedure recommended by his medical expert. The plaintiff’s spouse also asserted a loss of consortium claim. At Trial: In closing arguments, plaintiff’s counsel argued for 90/10 liability apportionment in favor of the plaintiff and asked for past medical expenses of approximately $198,000, along with $500,000 for past pain and suffering and $500,000 for future pain and suffering. The defense argued that defendant was not negligent and that if the jury found any negligence on the defendant, it should apportion 95/5 in defendant’s favor. The defense did not explicitly dispute the past medical expenses and suggested that the jury award $50,000 for past pain and suffering and $0 for future pain and suffering based on failure to mitigate. The jury found that defendant was not negligent and awarded $0 for past medical expenses, $0 for past and future pain and suffering, and $0 for the spouse’s loss of consortium claim. Plaintiff’s Final Pre-Trial Demand: $375,000 Defendant’s Final Pre-Trial Offer: $100,000 Verdict: $0 For more information, contact Attorney Joseph Mirabella at [email protected]. |