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News from Around the State: Trials and Verdicts Summer 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:
______________________________________________________________________________ Jodi M. Devine-Schwantes, et al. v. Erie Insurance Exchange, et al. Marathon County Case No. 24-CV-83 Trial Dates: June 3-4, 2025 Facts: On or about April 30, 2022, plaintiff was exiting the Highway 29 off ramp and making a left turn at the intersection with Grand Avenue in Marathon County. The defendant failed to stop for a red traffic light and collided with the plaintiff’s vehicle. Plaintiff claimed to have sustained multiple injuries, including a closed head injury, cervical and thoracic spine injuries, and a left shoulder SLAP (labral) tear and an exacerbation of AC joint arthritis, requiring surgical intervention. Issues for Trial: Liability and damages were contested.The defendant admitted to failing to stop for the red light. Plaintiff acknowledged that once the traffic light changed to green she did not look to see if any traffic was coming from the left. At Trial: The defendant and the plaintiff testified live at trial. Dr. Colleen Boling, D.C. and Dr. James Prosser, DO both testified by video at trial. The jury found defendant to be 90% at fault and plaintiff 10% at fault. The jury awarded $78,804.50 in past medical expenses, $7,750.00 in future medical expenses, $75,000.00 in past pain and suffering, $100,000.00 in future pain and suffering, and $0 for loss of consortium, for total damages of $261,554.50, and a final verdict in the amount of $235,399.05 (after deducting 10% for plaintiff’s contributory negligence). Plaintiff’s Final Pre-Trial Demand: $606,554.50 Defendant’s Final Pre-Trial Offer: $236,554.50 Verdict: $235,399.05 For more information, contact Todd Dickey at [email protected]. ______________________________________________________________________________ Ronald Sweeny v. Emmanuel Properties WI #1, LLC, et al. St Croix County Case No. 22-CV-415 Trial Dates: January 21-23, 2025 Facts: Plaintiff, an invitee, fell to the ground in July 2020 after stepping out of a commercial building that was being used as an auction business while picking up items he had won on an online auction. Plaintiff alleged the location and step were not code compliant and violated Wisconsin’s Safe Place Statute. The defense alleged the single step was simply not recognized in broad daylight by plaintiff and was not required to be made to code given the age and condition of the building. Plaintiff alleged an ongoing shoulder injury, among other injuries. Issues for Trial: Liability and damages were disputed. At Trial: In addition to the owner, tenant and plaintiffs, Hans Timper testified as an expert for plaintiff and Geoffrey Jillson, PE on behalf of defendant. Medically, plaintiff presented testimony from Dr. Jack Bert, an IME expert, and the defense presented testimony from Dr. William Simonet. The verdict allocated fault to the parties as follows: 12% to the property owner, 23% to the tenant, and 65% to the plaintiff. For damages, the jury awarded $1,000 for past medical expenses, $0 for future medical expenses, $1,000 for past pain and suffering, $0 for future pain and suffering, and $0 for loss of consortium. Plaintiff’s Final Pre-Trial Demand: $145,000 Defendant’s Final Pre-Trial Offer: $20,000 Verdict: $0 For more information, contact Andrew Brown at [email protected]. ______________________________________________________________________________ Justine Laes, et al. v. Rural Mutual Insurance Company, et al. Fond du Lac County Case No. 23-CV-408 April 15, 2025 Facts: This lawsuit involved a dog bite incident that occurred on February 17, 2023. The plaintiff was a 54-year-old woman making a delivery to a rural residence through her job as a delivery driver. The plaintiff alleged that three dogs approached her when she got out of her car to deliver a package and one bit her left calf. The plaintiff asserted claims for negligence and strict liability under Wisconsin’s dog bite statute. The plaintiff had a scar on her leg that was approximately 1.2 cm. Plaintiff’s claimed past medical specials were $1,980. This accounted for three days of medical appointments within approximately two weeks of the incident. Additionally, the plaintiff had a report from a plastic surgeon who opined that the plaintiff was a candidate for a scar revision surgery. The cost of the future scar revision was $10,000. Issues for Trial: The defendants stipulated to liability in exchange for dismissal of the insured. The parties also stipulated to $1,980 in past medical expenses. The issues for trial were future medical expenses and past and future pain and suffering. At Trial: The plaintiff and her husband testified. The plaintiff testified that multiple times a month people will ask her about her scar. She also testified that this incident caused her to experience anxiety and stress around dogs. A video deposition of the plaintiff’s medical expert was shown. In closing, the plaintiff asked for $10,000 for future medical treatment, $30,000 to $40,000 for past pain and suffering, and $20,000 to $40,000 for future pain and suffering. Defendants recommended $4,000 for past pain and suffering, $2,000 for future pain and suffering, and $0 for future medical treatment. In addition to the $1,980 in stipulated past medical expenses, the jury awarded $0 for future medical expenses, $8,000 for past pain and suffering, and $2,000 for future pain and suffering, for a total award of $11,980. Plaintiff’s Final Pre-Trial Demand: $37,500 Defendant’s Final Pre-Trial Offer: $15,000 Verdict: $11,980 For more information, contact Matthew Granitz at [email protected] or Madeline Weston at [email protected].
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