West's Jury Verdicts - Wisconsin Reports

Benefits to State Bar of Wisconsin Members	Case Highlights & Features	Publicize Your Case Results
As a service to its members, the State Bar of Wisconsin has entered into an alliance agreement with West, a Thomson Reuters business, to provide award information on Wisconsin civil jury trials, bench trials, settlements, and arbitrations. State Bar members can: Request a full case summary, free of charge Submit their own case results for online publication in Westlaw's® West's Jury Verdicts – Wisconsin Reports, free of charge Order a paid online subscription to Westlaw's® West's Jury Verdicts – Wisconsin Reports Contact West: west.juryverdicts@thomsonreuters.com or 800-689-9378 For State Bar members submitting their own results for publication, West will: Send each submitter a pdf of his/her published case as it appears online in Westlaw's® West's Jury Verdicts – Wisconsin Reports, free of charge Consider highlighting and/or featuring the case in our semi-monthly "West's Jury Verdicts" article in InsideTrack, and on this web site.	*State Bar of Wisconsin's InsideTrack* Web Site Highlights - Our attorney editors select 6 cases to highlight in the State Bar of Wisconsin's semi-monthly "InsideTrack" web site in concise one-paragaph format from the approximately 25 Wisconsin cases we publish each month in full summary format. This Web Site Case of the Month - Our attorney editors also select one case to feature in its entirety in its full summary format. Case of the Month February 2009** See below	Would you like West to consider featuring or highlighting your case? » Online Submission Form
		Westlaw Litigator
		Your key resource for every phase of litigation » Learn More
		Recommend Another State Bar
		Would you like West to provide similar content for another State Bar? » Contact Us

Case of the Month February 2009

$1.42M Settlement After Truck Crushes Worker's Foot

Konichek v. Waste Mgmt. of Wis., Inc.

Type of Case:
Labor & Employment - Work Place Injury
Labor & Employment - Safety & Health

Specific Liability:
Waste hauler employee crushed worker's right foot at house demolition site while backing up truck to load dumpster

General Injury:
Crushed right foot, amputation below the knee; loss of wages and earning capacity; medical expenses

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Fifth Judicial District, Dane County

Related Court Documents:
Plaintiff's complaint: 2007 WL 5379718
Defendant Waste Mgmt.'s answer: 2007 WL 5379716
Defendant Kevin Goodman's answer: 2007 WL 5379717
Involuntary plaintiff Wausau Bus. Ins. Co.'s answer: 2007 WL 5379715
Stipulation and order: 2008 WL 2975606

Case Name:
Dean M. Konichek, Plaintiff, and Wausau Business Insurance Company and Gundersen Lutheran Health Plan, Inc., Involuntary Plaintiffs v. Waste Management of Wisconsin, Inc., Kevin Goodman and Ace American Insurance Co.

Docket/File Number:
07-CV-3944

Settlement:
Plaintiff, $1,425,000.00

Settlement Date:
May 27, 2008

Judge:
Juan B. Colas

Attorneys:
Plaintiff: William G. Skemp, William Skemp Law Firm, La Crosse, Wis.
Involuntary plaintiff (Wausau Bus. Ins. Co.): Spencer E. Davczyk, Davczyk & Varline, Wausau, Wis.
Involuntary plaintiff (Gundersen Lutheran Health Plan): Kevin Connelly, Connelly Law Office, Westby, Wis.
Defendants (Waste Mgmt. of Wis.): Theodore J. Williams Jr. and Julie A. Owens, Williams Venker & Sanders, St. Louis, Mo.; Brian D. Baird, Borgelt, Powell, Peterson & Frauen, Milwaukee, Wis.

Trial Type:
Settlement

Breakdown of Award:
$730,377.31 to plaintiff
$217,243.13 to Wausau Bus. Ins. Co. to satisfy its subrogation lien
$477,379.56 to plaintiff's attorney for fees and costs

Summary of Facts:
Dean Konichek was working for the City of Prairie du Chien at the site of a house demolition at 1001 South Beaumont Road. Kevin Goodman, an employee of Waste Management of Wisconsin, Inc., allegedly backed up a truck owned his employer to load a dumpster at the site. Konichek's right foot was crushed between the truck and the dumpster. His leg was later amputated below the knee as a result of the Dec. 15, 2004 incident.

Konichek filed a complaint in the Dane County Circuit Court alleging Goodman failed to properly manage and control the truck he was driving and failed to maintain a proper lookout. He sought compensation for his injured foot and other bodily injuries, a loss of wages and earning capacity.

Waste Management stated affirmatively that the plaintiff's negligence caused or contributed to his alleged injuries and damages.

Goodman, filing a separate answer, alleged the plaintiff's alleged injuries and damages were by the negligence of the plaintiff or a third party.

Wausau Bus. Ins. Co. asserted a subrogation interest for payments to or on behalf of the plaintiff.

Waste Mgmt. filed a motion to keep the terms of its settlement sealed, but later withdrew the motion.

The parties agreed to a $1,425,000 settlement with disbursements as follows: $730,377.31 to the plaintiff; $217,243.13 to Wausau Bus. Ins. Co. to satisfy its subrogation lien; and $477,379.56 to the plaintiff's attorney for attorney fees and costs.

Judge Colas approved the settlement and dismissed the case May 27, 2008.

Court: Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2008 WL 4149937

West's Jury Verdicts - Wisconsin Reports Citation:
West’s J.V. Wis. Rep., Vol. 4, Iss. 4, p. 4 (2008)