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News from Around the State: Trials and Verdicts Winter 2024 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:
______________________________________________________________________________ Darrick C. Magee, et al. v. Rural Mut. Ins. Co., et al. Sheboygan County Case No. 22-CV-22 Trial Date: May 28, 2024 Facts: Plaintiff was a passenger in a Dodge Ram pickup truck that was being operated by a fellow employee when it struck another vehicle head-on, allegedly causing him various injuries. At the time, both gentlemen worked for a local fish farm and were hauling fish and other items from one farm location to another. As such, defendant argued that plaintiff’s exclusive remedy was that provided under Wisconsin’s Worker’s Compensation Statutes. Plaintiff argued that, since the Dodge Ram was titled to the individual owner of the company, rather than the company itself, the co-employee negligence exception applied, meaning that plaintiff was able to bring an action against his co-employee for his negligent operation of the vehicle. Issues for Trial: Given that there would be no liability coverage for plaintiff’s claims if the company was deemed to be the true “owner” of the Dodge Ram, vehicle ownership was the only issue the jury was asked to decide. At Trial: Plaintiff and the owner of the company testified as to the circumstances surrounding the purchase of the Dodge Ram, its maintenance, use, etc. Ultimately, the jury agreed with the defense and returned a verdict that the company was the actual “owner” of the Dodge Ram, thereby limiting plaintiff’s compensation only to that available under worker’s compensation laws. For more information, contact Brittany Mirabella at [email protected]. ______________________________________________________________________________ Maureen Gibbons, et al. v. TL Manor, LLC, et al. Kenosha County Case No. 22-CV-98 Trial Dates: August 26-28, 2024 Facts: This was a slip-and-fall case at an apartment complex owned by TL Manor, LLC (“Twin Lakes”). The plaintiff, a 70-year-old retired woman living alone, was a tenant at Twin Lakes at the time of the injury. She fell on February 26, 2019, while taking out trash during active snowfall around 2:00 p.m. Plaintiff testified that she took a small bag and a small box to the dumpster in the back of her apartment building. While throwing away the garbage, plaintiff claims she slipped on ice next to the dumpster that had not been salted or otherwise removed by Twin Lakes’ snow and ice removal contractor, Dayco Maintenance, LLC (“Dayco”). Dayco was a one-man operation. Twin Lakes had a handshake agreement with Dayco that one inch of snowfall and icy conditions would trigger Dayco’s maintenance duties as it saw fit. Dayco’s owner, Mike Pembroke, testified he had salted and plowed the morning of the incident. Plaintiff corroborated that Dayco was out there in the morning. Plaintiff testified that Mr. Pembroke had salted the asphalt parking lot and sidewalks, but not the concrete slab where the dumpster sat. Dayco would plow the lot with a salt truck that had a salter on the back which had a spread range of up to thirty feet. Dayco argued that given the typical snow plowing route to complete the lot, it would be nearly impossible for salt to have not been spread on the concrete slab. Plaintiff claimed she sustained injuries to her right shoulder, including a right humeral fracture that developed adhesive capsulitis, and a rotator cuff tear. Plaintiff produced a permanency report from Dr. Bradley Fiedler, MD, the treating orthopedic surgeon who performed a procedure on her shoulder. Issues for Trial: Liability, causation, and damages were contested. Plaintiff claimed past medical expenses of $76,684.63 for two surgeries and $2,000 to $4,000 per year for future cortisone injections for the rest of her life. On motions in limine prior to trial, Judge David Wilk allowed photographs taken by plaintiff’s counsel over two years after the fall to be admitted into evidence, including the following photograph:
Judge Wilk also ruled that testimony about complaints made by other residents regarding the snow and ice removal services a year before the accident would not be allowed into evidence as being duplicative and prejudicial. At Trial: Plaintiff’s counsel called the plaintiff, plaintiff’s cousin, and Dayco’s owner (adversely) to testify live at trial. Dr. Fiedler’s testimony was presented by video. The defense did not call any witnesses. The property owner, Twin Lakes, never testified. During deliberations, the jury asked to see copies of plaintiff’s medical bills, which plaintiff’s counsel agreed to send back. The jury returned a defense verdict finding no negligence against Twin Lakes or Dayco, and awarded only $535.00 in past medical expenses (the amount paid by Medicare) and $48,000 for past and future pain, suffering, and disability. Plaintiff’s Final Pre-Trial Demand: $240,000 Defendant’s Final Pre-Trial Offer: $125,000 ($100,000 from Dayco and $25,000 from Twin Lakes) Verdict: $0 (no recovery due to finding of no negligence) For more information, contact Austin Borton at [email protected]. ______________________________________________________________________________ Tony Solis, et al. v. Rural Mut. Ins. Co., et al. Portage County Case No. 23-CV-126 Trial Dates: October 16-17, 2024 Facts: This case concerned a motor vehicle accident that occurred on County Highway A near Amherst in Portage County. The defendant, Michael Helbach, was operating a 24-foot-wide potato harvester northbound. The plaintiff, Tony Solis, was operating a 2015 Dodge Dart southbound. The insured’s potato harvester was wide and extended well over the centerline into the oncome lane. The plaintiff’s vehicle collided with the potato harvester. As a result of the accident, the plaintiff was diagnosed with a fractured right index finger with permanent residuals, a concussion, and post-concussive syndrome. Issues for Trial: Liability and total damages were contested. Prior to trial, the parties stipulated to $5,087.87 in past medical expenses. At Trial: Plaintiff asked the jury to award him his past medical expenses, $189 for past wage loss, $15,000 for past pain and suffering, and $15,000 for future pain and suffering. In addition, the plaintiff’s wife made a claim for loss of consortium. The jury found that the plaintiff 100% causally negligent and awarded $0 for past pain and suffering, $0 for future pain and suffering, and $0 for loss of consortium. Verdict: $0 (no recovery due to finding of no negligence) For more information, contact John R. Shull, Jr. at [email protected]. |
