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Case of the Month May 2009

Minor Pedestrian Fatally Injured by Childcare Center Driver

Kimbrough v. Allison

Type of Case:
Wrongful Death - Minor
Vehicle Negligence - Pedestrian
Vehicle Negligence - Crosswalk
Vehicle Negligence - Parked/Stalled/Stopped Vehicle

Specific Liability:
Motorist negligently pulled out of parking space and struck minor crossing street

General Injury:
Death, medical expenses, funeral expenses, burial expenses, loss of society and companionship

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County

Related Court Documents:
Plaintiffs' complaint: 2007 WL 6105331
Defendants' answer: 2007 WL 6105330
Verdict form: 2008 WL 5714028

Case Name:
The Estate of Davizonni Kimbrough by Andrea T. Jackson, Special Administrator and Andrea T. Jackson, Plaintiffs and Managed Health Services Insurance Corp., Involuntary Plaintiff v. Heidi L. Allison, Angela M. Phipps, God Chosen Child Care & Development, LLC, National Indemnity Company

Docket/File Number:
2007CV6473

Verdict:
Plaintiffs, $633,674.96

Verdict Date:
Dec. 18, 2008

Judge:
Thomas R. Cooper

Attorneys:
Plaintiffs: Geoffrey D. Wilbur, Gruber Law Offices, Milwaukee, Wis.
Defendants: Roger H. Weede, Law Offices of Roger H. Weede, Milwaukee, Wis.

Trial Type:
Jury

Breakdown of Award:
$56,332.96 to estate for past medical expenses (answered by court)
$300,000.00 to estate for past conscious pain and suffering
$2,352.00 to estate for funeral expenses (answered by court)
$275,000.00 to Jackson for loss of society and companionship of her son
Defendant Allison was found 85 percent negligent and decedent's custodian Harrell was found 15 percent negligent.

Summary of Facts:
Minor Davizonni Kimbrough suffered fatal injuries after being struck by a car Feb. 8, 2007 at the intersection of North Buffum Street and East Wright. Kimbrough was attempting to cross the road when a vehicle driven by Heidi Allison and owned by Angela Phipps and/or God Chosen Child Care & Development Center pulled out of a parking space and struck him. 21

The childcare center was insured with National Indemnity Company.

Davizonni's Estate and his mother and special administrator Andrea Jackson filed an action in the Milwaukee County Circuit Court against Allison, Phipps, God Chosen Child Care and National Indemnity. Managed Health Care Services Insurance Corp. was added as involuntary plaintiff pursuant to payments it made toward Davizonni's medical expenses. The Estate sought judgment for medical, funeral and burial expenses. Jackson sought judgment for loss of her son's consortium.

The defendants asserted contributory negligence by Kimbrough and the child's custodian Dontea Harrell.

A jury convened before Judge Thomas R. Cooper returned a verdict Dec. 18, 2008. The panel found Allison negligent and her negligence was a cause of the accident. It also found the child's custodian Dontea Harrell was negligent with regard to the safety of Davizonni and her negligence was a cause of the accident. Davizonni was found to have not been negligent with regard to his own safety. Allison was found 85 percent negligent and Harrell was found 15 percent negligent.

The jury awarded $56,332.96 for past medical expenses (answered by court), $300,000 for past conscious pain and suffering and $2,352 for funeral expenses (answered by court). The panel awarded Jackson $275,000 for loss of society and companionship of her son.

Judgment was entered accordingly Jan. 22, 2009.

Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County

Westlaw Citation:
2008 WL 5780615

West's Jury Verdicts - Wisconsin Reports Citation:
West’s J.V. Wis. Rep., Vol. 4, Iss. x, p. xx (2009)