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Case Studies

Client's Injuries Proved Related to Accident

Plaintiff is a dairy farmer in a motor vehicle accident case venued in Chippewa County. Plaintiff has initial complaints of facial laceration, possible concussion and other contusions, along with an initial report of low back pain.  Treats for contusions, but does not treat again for the back until a year later, in May 2011. Has approximately six subsequent visits that mention low back, including two physical therapy visits.  Total meds are $6,800.  

Plaintiff’s physical medicine physician testifies that he saw plaintiff two times, beginning 18 months after the accident, but it is reasonable to believe that, if he had no significant priors, the accident caused permanent and chronic mechanical low back pain.  Doctor further testifies that approximately $200 is appropriate annually for future medicals.  

Defendant’s IME doctor characterizes the injury as a sprain that would have healed in 2 months and plaintiff would have then been returned to his pre-accident state, which included prior back problems.  IME doctor admits on cross that no prior records specifically indicate low back pain and admits that Plaintiff continues to report back problems that are legitimate, though unrelated to the accident.  Attempting to explain such continuing back problems, the doctor deviates from his report in speculating that something else occurred to trigger degenerative arthritis, though he is unable to say what that might be other than it is not the subject collision.   

The jury awarded the past medical expenses along with future medicals of $17,000.  The jury also awarded $15,000 for past pain and suffering, and $140,000 for future pain and suffering, a figure that corresponds to the low-end estimate by the IME doctor of his annual income related to such exams. 

Easement Case Reversed by Appellate Court

In the fall of 2005, our client, a central-Wisconsin dairy farmer, granted an easement to companies erecting a transmission line through a rural Wisconsin County. Plaintiff alleged that, toward the end of construction he sustained injuries when he stepped from his tractor on a site on or near the easement, and landed on fence posts left in the tall grass of his hayfield.  Injuries included a right ankle malleolar fracture with associated ligament/tendon damage, and injuries to the left foot including metatarsalgia and hammer toe resulting from gait changes associated with right ankle fracture. Plaintiff argued that Defendants, as the general contractor, were negligent in causing his injuries, and that the fence post that caused his injury were identical to fence posts used on the construction site. The Defendant maintained that there was no liability on their part because there was no information indicating who placed the posts in the injury-causing location, and argued that in any event damages were minimal.

Procedurally, Defendant, along with other defendant-contractors, had been granted summary judgment in early 2008.  This decision was reversed by the Court of Appeals with respect to Defendant, and the case was concluded with a jury verdict in favor of the Plaintiff in 2010 for $183,548.93.

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Jury Panel Decides Case Outcome

Male Plaintiff was a passenger in a Chevy truck being driven by Defendant.  Defendant lost control of the truck and went into the ditch striking a large tree head on.  Plaintiff suffered right lower back pain radiating into hips and legs, and left rotator cuff tear.  Defendants' highest offer was $20,000.  The case was concluded with a jury verdict of $56,933.85.

Passenger In Accident Gets Results at Trial

Plaintiff was a passenger in a car operated by his brother, which rear-ended a parked vehicle. Liability was stipulated. The plaintiff sustained a broken right collarbone with a claim for permanent AC joint arthrosis. The plaintiff also sustained temporary injuries including two broken ribs and a broken sternum, all of which healed within a few months after the accident.

The defense independent medical examiner, an orthopedic specialist, testified the accident did not cause permanent injury and any AC joint arthrosis was unrelated to the accident.

The plaintiff did not claim wage loss or loss of earning capacity. Before trial, the defendant’s highest offer was $60,000. The jury awarded damages of $145,520.47.

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