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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:
______________________________________________________________________________ Glenn Travnick v. Rodney Firari, et al. Dodge County Case No. 24-CV-61 Trial Dates: February 3-4, 2026 Facts: This case arose from a snowmobile accident that occurred on February 10, 2021, in The Town of Fox Lake, Dodge County, Wisconsin. The plaintiff, Glenn Travnick, claimed that he was operating his snowmobile when he was struck from behind by a snowmobile operated by the defendant, Rodney Firari. Mr. Travnick claims that he was thrown 50 feet from his snowmobile and was rendered unconscious for a brief period. Mr. Travnick did not immediately seek medical attention but was evaluated by a chiropractor two days later. He claims that since the accident, he has been in “near constant” neck pain. He went to his Medicare physical on February 22, 2021, and mentioned the accident but did not complain of neck pain and his exam was “normal.” A year later he sought medical treatment. It was not until after suit was filed (three years after the incident) that he went to a pain management doctor. According to Mr. Firari, he was leading the group. Mr. Travnick was behind him, followed by three others. Mr. Firari could see Mr. Travnick approaching on his left, and he therefore sped up. He told us that this “racing” is something that he and Mr. Travnick would routinely do when they snowmobiled together. They would not do it every time, but they would do it frequently. Mr. Travnick was able to overtake and pull ahead of Mr. Firari. Mr. Travnick was then about 50-75 feet ahead of Mr. Firari when Mr. Firari pulled to the left side of the trail and began to speed up, trying to overtake Mr. Travnick. Mr. Travnick then veered onto the left side of the trail, cutting Mr. Firari off and the collision occurred. Mr. Firari and Mr. Travnick were both ejected from their snowmobiles. Mr. Firari was injured as a result and ultimately sustained a rotator cuff tear. His snowmobile was not drivable after the incident. Mr. Firari does not doubt that Mr. Travnick was injured, but states that he and Mr. Travnick were equally at fault for causing the collision. Issues for Trial: Liability was contested with the plaintiff claiming that Firari was 100% at fault and the defense claiming it was 50/50. Damages were also contested. Mr. Travnick had a pre-existing but not symptomatic degenerative condition of his cervical spine and also did not treat with a medical doctor for a year after the incident. The parties stipulated to the amount of the medical bills but not relatedness. The plaintiff was not claiming his chiropractic bills because his own expert stated that chiropractic care is not reasonable or necessary. Plaintiff was claiming future medical expenses but did not have an expert to testify about the amount. The defense moved to exclude any argument or evidence regarding future medical expenses and the motion was granted. At Trial: At trial, plaintiff testified and so did his wife. Plaintiff’s pain management doctor Arpan Patel of Edgerton Hospital testified by pre-recorded video deposition. The defendant, his brother (who snowmobiled with plaintiff after the incident), and another member of the group snowmobiling with plaintiff on the date of the incident testified. In addition, the defense presented a pre-recorded video deposition of Dr. Ravi Garg, who completed an IME, and the testimony of Gary Yashinsky, a former DNR snowmobile safety instructor. Plaintiff asked the jury to find that defendant was 100% liable and asked for $586,000, including $300,000 in past pain and suffering, $200,000 in future pain and suffering, and $86,000 in medical bills. Defense asked the jury to find the plaintiff and defendant each 50% liable and suggested $0 for past medical bills but suggested that the portion of the medical bills that pre-dated the lawsuit might be reasonable, $13,000. Defense suggested $100,000 in past pain and suffering. Defense suggested $0 for future pain and suffering but stated if the jury was inclined to make an award something more like $50,000 would be reasonable. The jury found that the defendant was 60% liable and the plaintiff 40% liable, and awarded $206,500, including $56,500 in past medical, $100,000 in past pain and suffering, and $50,000 in future pain and suffering. Plaintiff’s Final Pre-Trial Demand: Plaintiff settled at mediation with the underlying carrier, Farmers, for $200,000 of its $250,000 policy and provided a Loy Release. Trial proceeded on the umbrella policy that had a $1,000,000 limit. Plaintiff’s last demand from the umbrella carrier was $200,000. Defendant’s Final Pre-Trial Offer: The umbrella carrier made an offer of judgment for $50,000 in new money. Verdict: After applying plaintiff’s contributory negligence, the net verdict in favor of the plaintiff was $123,900, which is less than the underlying policy limit, resulting in no judgment against the umbrella carrier. For more information, contact Mara Spring at [email protected]. |