News from Around the State: Trials and VerdictsDonna L. Morris, et al. v. Rural Mutual Insurance Company, et al. Sauk County Case No. 17-CV-400 Trial Dates: March 8-10, 2022 Facts: A motor vehicle accident occurred when the insured driver was at a stop sign facing south and failed to see the plaintiff’s westbound vehicle. The insured proceeded into the intersection and struck the plaintiff’s vehicle in the rear passenger side door. The plaintiff’s vehicle sustained minor damage. The forces of the accident were sufficient, however, to rotate the plaintiff’s vehicle 135 degrees. After the collision, the plaintiff was able to exit her vehicle and speak with the insured. Plaintiff complained of neck pain but told emergency personnel that it was not necessary to call an ambulance. Plaintiff was 50 years old at the time of the accident. She initially sought treatment for neck and tailbone pain in the two weeks after the accident. The plaintiff then went approximately six months without seeking any accident-related treatment before resuming treatment again less than two weeks after retaining counsel. When she resumed treatment, she was referred to physical therapy for pain in her low back that was shooting into her left leg. There was a second gap in treatment from March of 2017 to March of 2018. In March of 2018, plaintiff resumed treatment for pain in her low back and ultimately underwent low back surgery. The post-operative report revealed arthritic changes indicative of pre-existing degenerative disease. The surgery was successful, but the plaintiff testified that she still had to be careful with her daily activities and that she would “pay for it” the next day if she did too much. The defendant’s independent medical expert was neurosurgeon Dr. Morris Marc Soriano, MD. Dr. Soriano related ten weeks of treatment to the accident and opined that the cause of the plaintiff’s ongoing low back pain was her pre-existing degenerative facet disease in the L4-5 region. By contrast, plaintiff’s treating experts opined that the 2015 accident accelerated plaintiff’s degenerative condition beyond its normal progression and necessitated the 2018 surgery. Issues for Trial: The parties stipulated to liability. The only issue for trial was damages. At Trial: The main issue for trial was whether the 2018 surgery was reasonable and necessary to treat accident-related injuries. Other than brief testimony from the insured driver, the defendant’s only witness was Dr. Soriano. At closing, plaintiff’s counsel asked for $62,796.56 in past medical expenses, $6,157.67 for wage loss, and $100,000 in past pain, suffering and disability. Defense counsel argued that only $5,522.01 in past medical expenses was related to the accident. Additionally, defense counsel argued that plaintiff only sustained $1,183.76 in wage loss, and suggested $25,000 as an appropriate award for the plaintiff’s past pain, suffering, and disability. Plaintiff’s Final Pre-Trial Demand: $160,000 Defendant’s Final Pre-Trial Offer: $65,000 Verdict Past Medical Expenses: $5,522.01 Past Wage Loss: $1,183.76 Past Pain and Suffering: $7,500.00 Total: $14,205.77 For more information, contact Wayne L. Maffei at [email protected] or Nicole Marklein at [email protected]. _____________________________________________________________________________ Jacquelyn Stuart, et al. v. ARHC LMFKNWI01, LLC, et al. Milwaukee County Case No. 20-CV-446 Trial Dates: December 6-10, 2021 Facts: This lawsuit arises from a winter slip and fall accident at an Advanced Pain Management facility. The plaintiff parked her vehicle in a designated handicap parking spot, exited her vehicle, and almost immediately slipped on ice. After the fall, the plaintiff proceeded into the pain management clinic for her previously scheduled appointment. There was nothing mentioned in her medical records from that date about the slip and fall, despite plaintiff’s contention that she notified numerous people at the pain management clinic. The first medical notation of the slip and fall was from an ER visit the next day. As a result of the accident, Plaintiff alleged she injured her back and claimed approximately $420,000 in past medical expenses for a seven-level back fusion and approximately $560,000 to $960,000 in future medical treatment that consisted of annual diagnostic tests, occupational therapy, physical therapy, and injections. Plaintiff’s total claimed special damages were approximately $980,000 to $1,380,000.
Plaintiff asserted common law negligence claims against the pain management clinic’s building owner, property manager, and snow removal contractor. Additionally, plaintiff brought safe place claims against the building owner and property manager.
The snow removal contractor preserved daily salt logs and time sheets that confirmed snow and ice removal operations took place a few hours before plaintiff’s appointment. Plaintiff had over two decades of prior back issues relating to a late 1990s work injury. The injury was the basis for her receiving Social Security Disability benefits in the early 2000s and necessitated an earlier back surgery. Leading up to the 2017 slip and fall, plaintiff had approximately six surgical procedures performed on her back, was using a spinal cord stimulator for pain management, was receiving various types of injections, and was on an extensive pain management prescription regime that involved her taking approximately 1,600 pills on an annual basis for nearly twenty years. Given her extensive medical history, plaintiff tried to differentiate her back issues. She claimed that her pre-accident back issues were limited to the lumbar region, while her post-accident back issues extended into her thoracic region. Her pre-accident medical records documented lumbar and thoracic back complaints. Issues for Trial: A few weeks before trial, the property owner and management company settled with the plaintiff. The snow removal contractor proceeded to trial. Liability and damages were contested. At Trial: The jury concluded that neither the defendant nor the plaintiff was negligent. The jury also concluded that the plaintiff sustained no injury as a result of the slip-and-fall accident. For more information, please contact Frederick J. Strampe at [email protected] or Matthew L. Granitz at [email protected]. _____________________________________________________________________________ Judith Anderson, et al. vs. Rural Mutual Insurance Company, et al. Chippewa County Case No.: 20-CV-45 Trial Dates: November 30, 2021 – December 1, 2021 Facts: On March 31, 2018, Rural’s insured rear-ended the plaintiff, Judith Anderson, on Highway 53 north of Eau Claire. Plaintiff claimed the following injuries: traumatic brain injury, neck strain, PTSD, along with aggravation of pre-existing degenerative disc disease and anxiety disorder. Issues for Trial: The parties stipulated to liability. Trial was on damages only, including the husband’s loss of consortium claim. At Trial: Dr. William Schneider (an IME doctor) testified for the plaintiff. Dr. John Dowdle (an IME doctor) testified for the defense. Plaintiff argued past medical bills were $10,195. The defense argued past medical specials were $3,222. Dr. Schneider opined plaintiff would need future care, including physical therapy, injections, and medication. The cost of this future care was approximately $68,800. Plaintiff’s Final Pre-Trial Demand: $55,000 Defendant’s Final Pre-Trial Offer: $20,000 Verdict: Past Medical Expenses: $10,195.00 Future Medical Expenses: $3,000.00 Past Pain and Suffering: $20,000.00 Future Pain and Suffering: $10,000.00 Loss of Consortium: $500.00 Total: $43,695.00 For more information contact Patrick G. Heaney at [email protected]. |