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News from Around the State: Trials and Verdicts Spring 2025
The WDC regularly publishes notable trial verdict results in the Wisconsin Civil Trial Journal and on its website. If you or someone you know has had a civil trial recently, we would like to include information about the results in our next issue. We are looking for all results, good or bad. Submissions can be published anonymously upon request. Please submit your trial results directly to the WDC Journal Editor, Attorney Vincent Scipior, at [email protected]. Please include the following information:
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Brianna Reynolds, et al. v. Rural Mut. Ins. Co.
Grant County Case No. 23-CV-14
Trial Dates: November 25-26, 2024
Facts: A four-year-old boy was bitten in the face by a dog while at his paternal grandparents’ farm. A direct action claim was made against the grandparents’ liability insurer. The boy was seven years old at the time of trial. The boys’ parents were never married and were not in a relationship at any time relevant to the injury or the lawsuit. They shared joint custody and placement. The mother was the one really pushing the claim.
Issues for Trial: The parties stipulated to liability and past medical expenses in the amount of $9,026.26. The only issue for trial was damages, particularly the value of facial scarring. The boy had a very faint scar on his left eyelid that was unnoticeable when the eye was open, and a more noticeable scar on the left check that became more pronounced and looked like a dimple when the boy smiled.
At Trial: Plaintiff’s witnesses consisted of the minor’s mother and maternal grandmother, as well as three medical experts who each testified via video deposition. The experts included the treating ER physician who attended to the minor the day of the injury, the treating oculoplastic surgeon that checked the status of the scars six months later, and a retained expert to opine on the necessity and cost of future scar revision surgery.
The retained expert testified that the minor would need revision surgery for both the eyelid and the cheek scar. It was revealed in testimony that the minor had a small scar near his eye from a prior, unrelated injury when his mother’s dog knocked him down and he fell into an open drawer. When this scar was pointed out to the plastic surgeon, he could not explain why that scar was not bothersome while the scars from the dog bite at issue required revision.
The minor did not testify, but was brought in so the jury could see the scars in person and observe them with facial animation.
In closing arguments, plaintiff’s counsel argued that the jury should award $75,000-$100,000 for past pain, suffering and disfigurement; $5,000-$10,500 for future medical expenses; and $100,000-$150,000 for future pain, suffering and disfigurement. The plaintiff’s total verdict request of the jury was $189,026.46-$269,526.46. Defense counsel suggested awards of $20,000-$40,000 for past pain, suffering and disfigurement; $7,500-$10,500 for future medical expenses; and $5,000-$10,000 for future pain, suffering and disfigurement, for a total of $41,526.46-$69,526.46.
In addition to the stipulated past specials of $9,026.46, the jury awarded $35,000 for past pain, suffering and disfigurement, $10,500 for future medical expenses, and $15,000 for future pain, suffering and disfigurement, for a total verdict of $69,526.46 (the high end recommended by defense counsel)
Plaintiff’s Final Pre-Trial Demand: $99,900
Defendant’s Final Pre-Trial Offer: $85,000
Verdict: $69,526.46.
For more information, contact Nicole Marklein at [email protected].
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Kay Anderson, et al. v. D.F. Chase, Inc., et al.
Dane County Case No. 24-CV-407
Trial Dates: January 14-17, 2025
Facts: Defendants DF Chase (general contractor), Floors Unlimited (subcontractor), and Texas Flooring (sub-subcontractor) worked on a bathroom remodeling project at Old Dominion trucking facility in 2019. Part of the project called for heavy ceramic tiles to be installed on the nine-foot-high walls. In 2022, three years after the project was completed, three of the tiles spontaneously fell from the wall, and one tile allegedly hit the plaintiff—an Old Dominion trucker—while she was using the washroom. The plaintiff claimed chronic neck and head injuries from the incident.
Issues for Trial: Liability and damages were contested. Defendants admitted that the sub-subcontractor, who Floors Unlimited hired to perform the tile work, did not install the top row of tile in a workman like manner. Defendants argued that Texas Flooring, the sub-subcontractor (who defaulted) was responsible for the plaintiff’s alleged damages. Defendants also challenged the plaintiff’s alleged injuries. She claimed chronic head and neck pain from the incident. Dr. Marc Soriano testified that the plaintiff’s complaints were not supported by the objective evidence. There were no marks on her body and all her post-accident films showed pre-existing degeneration but no accident-related trauma.
At Trial: Plaintiff called her treating doctor, who supported her claims, and a liability expert to testify that Texas Flooring installed the top row of tiles incorrectly. Defendants conceded that the top row of tiles were installed incorrectly by Texas Flooring. Dr. Soriano testified for the defense regarding the plaintiff’s injury claims. In closing, the plaintiff asked the jury to award between $150,000 and $250,000. The jury awarded only $15,000. Neither DF Chase (represented by Paul Curtis) nor Floors Unlimited (represented by Jeremy Gill) were found causally negligent. Only Texas Flooring, who defaulted, was found causally negligent.
Plaintiff’s Final Pre-Trial Demand: Plaintiff demanded $250,000 at mediation and reduced her demand to $150,000 before trial.
Defendants’ Final Pretrial Offer: $50,000
Verdict: $15,000
For more information, contact Paul Curtis at [email protected] or Jeremy Gill at [email protected].
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The Estate of James M. Hartson, et al. v. USAA Cas. Ins. Co., et al.
Lincoln County Case No. 22-CV-28
Trial Dates: April 4-6, 2025
Facts: This was a wrongful death case stemming from a motor-vehicle-versus-pedestrian accident which occurred approximately 8:00 p.m. on State Highway 64 east of Merrill, Wisconsin. Weather conditions were clear and dark. 84-year-old James Hartson and his adult grandson were traveling westbound on Highway 64 and struck a deer. The Hartsons pulled their pickup truck off onto the shoulder next to the westbound lane. The grandson exited the truck to look for the deer. A few minutes later, James exited the truck and walked across the westbound lane and into the eastbound lane of Highway 64 where he was struck by a 2016 Ford Focus driven by State Farm’s insured, Janice Klatt. Janice had her cruise control set at 59 mph. She applied the brakes less than 1/2 second before impact with Hartson. Hartson was thrown onto the Ford Focus before coming to rest on the shoulder next to the eastbound lane. Hartson was apparently conscious and screaming for help for a few minutes following the collision. Alcohol was not a factor as Janice testified she consumed no alcohol and blood tests confirmed it. Cell phone usage was not a factor as Klatt testified she was not using her cell phone and a forensic examination of the cell phone confirmed there was no cell phone usage in the hour prior to the accident.
Issues for Trial: The defense stipulated to $13,429.01 in funeral expenses. Liabilities and general damages were contested.
At Trial: The defense had two experts testify during trial: (1) Dr. David Curry, a human factors and lighting expert, and (2) Paul Erdtmann, a professional engineer who performed an accident reconstruction.
During closing arguments, plaintiffs’ counsel asked the jury to award $1,000,000 to $3,000,000 for conscious pain and suffering and $500,000 to $700,000 for loss of society and companionship.
The jury found both Hartson and Klatt causally negligent but attributed 60% causal negligence to Hartson and 40% to State Farm’s insured, Klatt. The jury awarded the $13,429.01 for funeral expenses, $200,000 for conscious pain and suffering, and $50,000 for loss of society and companionship. The total award was $263,429.01, but the plaintiffs recovered nothing since Hartson was more negligent than Klatt.
For more information, contact John Schull at [email protected] or Heather Nelson at [email protected].
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Timothy Smith, et al. v. Erie Ins. Exchange, et al.
Jefferson County Case No. 22-CV-298
Trial Dates: February 5-6, 2025
Facts: Plaintiff was exiting Highway 26 in Fort Atkinson, Wisconsin, and stopped at a stop sign at the end of the exit ramp, angled to turn right. Defendant stopped behind him. Both parties were looking to their left, waiting for traffic to clear. When traffic cleared, defendant began moving before plaintiff, striking the rear of plaintiff’s vehicle. Law enforcement was called. No injuries were reported and because there appeared to be less than $1,000 in vehicle damage, the Jefferson County Sheriff’s Department declined to prepare a Motor Vehicle Accident Report.
Four days after the accident, plaintiff sought medical care, complaining of lower neck and upper back pain. The physician interpreted an x-ray taken at that visit as showing a normal cervical and thoracic spine. The physician diagnosed plaintiff with a strain of neck muscle and thoracic myofascial strain. He recommended rest, alternating ice or heat and the use of Tylenol and Ibuprofen and indicated his suspicion that the injuries would improve with conservative care.
A subsequent radiology report created over the weekend, however, showed, “possible compression fracture of T-8, and C spine with mild degenerative changes.” Neither the physician nor the radiologist was able to determine the age or cause of the T8 fracture. Neither the subjective nor objective findings at the first visit indicated any pain in the thoracic T8 spine. In fact, upon receiving the radiology report noting the T8 fracture, the physician noted, “Thoracic spine official x-ray report documents presence of possible minimal compression fracture of T8, lower thoracic spine area. Patient did not have pain on exam over the area of T8. Suspect the finding of old possible minimal fracture is an old finding, not related to current MVA.”
After the radiology report came in over the weekend, plaintiff was informed of the T8 fracture. He followed up about two weeks later, and, for the first time, complained of pain in the T8 area. Plaintiff then attended 24 sessions of physical therapy before being discharged from therapy with an estimated “85-90% back to his prior level of functioning.”
Issues For Trial: Liability was conceded prior to trial and the insured was dismissed from the case. Trial proceeded against the insurance company only. The parties also stipulated to the sum of $12,092 in past medical expenses. No wage loss or future loss of earning capacity was claimed. The only issues for the jury were causation and past and future pain and suffering.
At Trial: Plaintiff’s wife testified at trial about plaintiff’s ongoing pain, the fact that they could no longer sleep in the same bed due to plaintiff’s inability to sleep through the night, and plaintiff’s inability to play with or participate in sports with his 8-year-old son any longer. Plaintiff also testified about the accident and about his pain. Plaintiff underwent a plaintiff’s IME with Dennis Brown, who testified that plaintiff sustained a permanent injury to his neck and upper back that would cause him ongoing pain throughout his life. However, on cross-examination, he admitted that ongoing pain in the T8 area would be inconsistent with the injuries sustained in the accident and that he could not relate the T8 fracture to the accident. The deposition testimony of Plaintiff’s treating physician and physical therapist were read into the record.
Th insured was present throughout the trial and was permitted to sit at counsel table even though he was dismissed from the case. He testified about the facts of the accident. Dr. Wellington Hsu performed a medical records review but did not complete an IME of the plaintiff. Dr. Hsu appeared in person at trial and testified that the plaintiff sustained a cervical/thoracic strain and should have recovered in 4-6 weeks. However, he stated that it was reasonable for plaintiff to complete physical therapy and therefore put his end of healing two days after plaintiff was discharged from therapy. Dr. Hsu further stated that it could not be determined whether the T8 fracture was related to the accident, and therefore any ongoing pain in the T8 region was not related to the accident.
Plaintiff asked for $150,000 in past pain and suffering and $200,000 in future pain and suffering, for a total of $350,000. The defense argued that the jury should take off a zero, awarding $35,000 for past pain and suffering and nothing for future pain and suffering.
The jury awarded $50,000 for past pain and suffering and $35,000 for future pain and suffering, for a total of $85,000. When added to the medical bills the total amount Plaintiff was entitled to was $97,092.
Plaintiff’s Final Pre-Trial Demand: $145,000
Defendant’s Final Pre-Trial Offer: $40,000 (Offer of Judgment)
Verdict: $97,092
For more information, contact Mara Spring at [email protected].
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