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News from Around the State: Trials and Verdicts Summer 2026 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 Matthew P. Martin, at [email protected]. Please include the following information:
Demont Cowley, et al. v. American Family Mutual Insurance Company, S.I. Milwaukee County Case No.: 2023CV6579 Trial Date(s): June 29–30, 2026 Facts: This case involved an accident with two vehicles. The accident occurred on September 12, 2022. It took place on North 60th Street in Brown Deer, Wisconsin, just south of West Fairy Chasm Road. Travis Bowens (not a party) was driving southbound. A driver insured by American Family Mutual Insurance Company was parked on the street, facing south, in front of his house. He attempted to make an illegal U-turn in order to drive north. The collision occurred just as the insured started his U-turn. Mr. Bowens left his phone number, but he left the scene before police arrived. He reportedly had to leave to make funeral arrangements. The plaintiffs, Demont Cowley and James Watson, claimed that they were passengers in Mr. Bowens’ vehicle at the time of the accident. They also claimed they sustained soft tissue injuries. The insured, his father, who came out of the house after the accident, and a neighbor, who lived across the street, all said that there were no passengers in Mr. Bowens’ vehicle at the time of the accident. Issues for Trial: Liability, damages, and whether plaintiffs were passengers in Mr. Bowens’ vehicle at the time of the accident were all contested. At Trial: James Watson testified in person at the trial. Demont Cowley, however, failed to appear at the trial due to an alleged family emergency. The court denied Cowley’s request to testify remotely. The court also denied Cowley’s request to have his deposition transcript read into the record. Dr. Benjamin Gozon and the responding police officer testified by video at trial. The defense called American Family’s insured, who testified in person. The defense also called the insured’s father and neighbor. Both testified by video. In addition to liability and damages questions, the special verdict also contained a question as to whether the plaintiffs were in Mr. Bowens’ vehicle. Plaintiffs’ Final Pre-Trial Demand: $5,000 (per plaintiff). Defendant’s Final Pre-Trial Offer: $2,000 (per plaintiff). Verdict: The jury found 100 percent fault against the insured, but neither of the plaintiffs were in Mr. Bowens’ vehicle at the time of the accident. For more information, contact Joshua Fiscus at [email protected] or Joe Malone at [email protected].
Mary Shegan v. Jeffrey Shere, M.D., et al. Brown County Case No.: 2024CV860 Trial Date(s): April 7–9, 2026 Facts: This medical malpractice case arose from a 2021 retinal detachment surgery. The plaintiff, Mary Shegan, claimed that the defendants used the incorrect intraocular gas during surgery, resulting in elevated intraocular pressure and permanent blindness in one eye. She alleged that the defendants failed to meet the standard of care. She sought damages for significant and permanent loss of vision. The defense maintained that the correct gas and concentration were used during the procedure. The defense further contended that the plaintiff’s outcome was caused by aqueous misdirection, a known but rare postoperative complication that led to a drastic increase in intraocular pressure and resulting blindness in that eye. Issues for Trial: Whetherdefendants failed to meet the standard of care when conducting the retinal detachment surgery. At Trial: The Honorable Marc A. Hammer presided over the case. At trial, the plaintiff asked the jury to award more than $500,000. After hearing evidence that included testimony from medical experts from around the country, the case was submitted to the jury. Baker Sterchi Cowden & Rice LLC attorneys Mark Budzinski and Christa Keel represented the defendants. Plaintiff’s Final Pre-Trial Demand: No demand. Defendants’ Final Pre-Trial Offer: No offer. Verdict: After less than two hours of deliberation, the jury returned a unanimous defense verdict, finding no negligence. For more information, contact Mark Budzinski at [email protected] or Christa Keel at [email protected].
Gary Hirsch v. Andrea Hanlon Jefferson County, Kentucky Case No.: 2023CI7533 Trial Date(s): February 10–13, 2026 Facts: This personal injury case arose from a rear-end collision involving the plaintiff, Gary Hirsch, and the defendant, Andrea Hanlon. The plaintiff claimed the collision exacerbated a pre-existing lumbar disc herniation for which he had undergone surgery four months earlier. He alleged that his injuries forced him to sell his small business—a local fish market—several years earlier than he planned to do so. He also sought damages for significant pain and suffering. The defendant admitted liability for the accident, but disputed causation and damages. The defense maintained that the plaintiff did not sustain a permanent injury or suffer any loss of earnings as a result of the collision. Issues for Trial: Causation and damages. At Trial: At trial, the plaintiff asked the jury to award him $1.7 million in damages for past and future pain and suffering and lost wages. After three defense causation and damages experts were withdrawn, Baker Sterchi Cowden & Rice LLC assumed the defense just six days before trial. Mark Budzinski served as lead trial counsel after being admitted pro hac vice four days before trial, supported by Katherine Cortesy. Local counsel served as second chair. Plaintiff’s Final Pre-Trial Demand: Unknown. Defendant’s Final Pre-Trial Offer: Unknown. Verdict: After approximately two hours of deliberation, the jury returned a complete defense verdict, finding no permanent injury and no loss of earnings. For more information, contact Mark Budzinski at [email protected] or Katherine Cortesy at [email protected].
Todd A. Arthur v. State Farm Mutual Automobile Insurance Company Winnebago County Case No.: 2024CV537 Facts: This case arose from an accident that occurred on November 12, 2021. The accident took place on Oregon Street in Winnebago County. The insured’s Dodge Challenger broke traction and fishtailed into the passenger side of the plaintiff’s Dodge Caravan. The Dodge Challenger sustained just over $10,000 in damage. Plaintiff had a cervical laminectomy 10 months before the accident. He claimed a cervical fusion at the same levels as the laminectomy two years after the accident. The past medical specials were $132,000. Past wage loss was $10,000. Issues for Trial: Damages. At Trial: The plaintiff’s experts were Dr. Phillip Yazbak and Dr. Brittany Bartel. The defendant’s experts were Dr. Jeffrey Meincke and Dr. Andrew Rentschler. The plaintiff asked for all the past medical specials and did not specify a number for past and future pain and suffering. The defendant argued for $11,000 in past medical specials and $10,000 in past pain and suffering. Plaintiff’s Final Pre-Trial Demand: $150,000. Defendant’s Final Pre-Trial Offer: $30,000. Verdict: $11,000 for past medical specials and $10,000 for past pain and suffering. For more information, contact Joseph Ryan at [email protected]. Scott Bandle v. Western National Mutual Insurance Company, et al. Wood County Case No.: 2024CV383 Trial Date(s): March 2026 Facts: This case arose from a motor vehicle accident that involved two semi-trucks. The plaintiff claimed that he suffered brain and nasal injuries as a result of the accident. The plaintiff claimed to suffer chronic headaches and migraines following the accident. Issues for Trial: Comparative fault and damages. At Trial: The plaintiff waived his past medical expenses but claimed: $2.5 million for future medical expenses; $90,000 for past wage loss; $2.7 million for future loss of earning capacity; and $6–10 million for past and future pain and suffering. Plaintiff’s Final Pre-Trial Demand: $1.1 million. Defendants’ Final Pre-Trial Offer: $400,000. Verdict: The jury returned a verdict apportioning 40 percent fault to the plaintiff for traveling too fast given the foggy weather conditions and awarded $9,000 for past wage loss, $115,000 for past pain and suffering, and nothing for future damages. For more information, contact Roger Flores at [email protected] or Pat Brennan at [email protected].
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