News from Around the State: Trials and Verdicts
The WDC regularly publishes notable trial verdict results in its Journal and on its website. If you have recently tried a civil case to verdict in Wisconsin, you are encouraged to submit a brief summary of the case to Journal Editor Vincent Scipior at [email protected]. Please include the case caption, county and case number, a description of the facts and legal issues for trial, information about any pre-trial settlement offers and demands, and verdict outcome (liability and damages).
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AnnaMaria Wallace, et al. v. Milwaukee County Transit System, et al.
Milwaukee County Case No. 22-CV-7043
Trial Dates: February 5-6, 2024
Facts: This case involved a low-speed collision between plaintiff’s vehicle and a Milwaukee County Transit System bus. Plaintiff was stopped at a red light when she was rear ended by the bus. The bus was travelling at less than 2 mph when it made minor bumper contact. As a result of the accident, plaintiff was claiming a right shoulder rotator cuff tear, neck pain, low back pain, and headaches. She underwent surgery and was claiming $106,356.42 in past medical expenses and $4,554.59 in lost wages. Permanency was alleged.
Issues for Trial: Prior to trial, the parties stipulated to liability. The only issues for trial were causation and damages.
At Trial: The jury awarded $10,000 in past medical expenses, $50,000 in past pain, suffering and disability, $0 in wage loss, and $10,000 in future pain, suffering and disability. The jury further found, however, that the motor vehicle accident was not a cause of the injuries alleged by plaintiff, resulting in no recovery.
Verdict: $0
For more information, contact Alex H. Koritzinsky at [email protected].
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Sharon Boehler, et al. v. Am. Family Mut. Ins. Co., et al.
Columbia County Case No. 21-CV-117
Trial Dates: December 19-20, 2023
Facts: Plaintiffs (husband and wife) were both claiming neck and back injuries from a 2018 car accident. The wife was claiming over $25,000 in medical expenses. The husband was claiming $496 in chiropractic expenses. The husband was also making a derivative claim for loss of consortium.
Issues for Trial: The parties stipulated to liability prior to trial.
At Trial: Plaintiffs used their treating chiropractor from Hall Chiropractic as their expert. The defense called Dr. Randal Wojociehoski, DO to defend against the wife’s permanency claim. The jury awarded $5,000 in damages to the wife and $3,500 in damages to the husband.
Plaintiff’s Final Pre-Trial Demand: $70,000
Defendant’s Final Pre-Trial Offer: $30,000
Verdict: $8,500
For more information, contact Matthew J. Van Keulen at [email protected].
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Jordan M. Bales v. State Farm. Mut. Auto. Ins. Co., et al.
Dane County Case No. 22-CV-2094
Trial Dates: November 13-14, 2023
Facts: This was a car accident case tried before the Honorable Everett Mitchell in Dane County. The plaintiff was claiming soft tissue injuries with permanency and future treatment.
Issues for Trial: Prior to trial, the parties stipulated to $54,574.79 in past health care expenses, $2,264.42 in out-of-pocket expenses, and $2,549.25 in wage loss.
At Trial: Plaintiff’s attorney asked the jury to award $450,000 to $600,000 in total damages during closing arguments. The jury found plaintiff 25% causally negligent and awarded $55,000 for past pain, suffering, and disability, $19,000 in future medical expenses, and $35,000 in future pain, suffering, and disability, resulting in a total judgment of $126,291.35 (below defendant’s final pre-trial offer).
Plaintiff’s Final Pre-Trial Demand: $213,000
Defendant’s Final Pre-Trial Offer: $154,000
Verdict: $126,291.35
For more information, contact Austin Doan at [email protected].
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