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Case of the Month June 2019

Motorist Passing Vehicle Fatally Strikes Bicyclist

Payette v. Marx

Case Type:
Vehicle Negligence - Vehicle vs. Bicycle
Vehicle Negligence - Head-On
Wrongful Death - Adult

Specific Liability:
Defendant operated a vehicle that had a field of view obstructed by stickers on the driver's side windshield

General Injury:
Death

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Related Court Documents:
Plaintiffs' complaint: 2016 WL 11584554
Jury instructions: 2017 WL 11048525
Verdict form: 2017 WL 11048332

Case Name:
Payette, Estate of v. Marx; 1st Auto & Casualty Insurance Company

Docket/File Number:
2015-CV-000689

Result Amount:
$672,806

Result Date:
October 02, 2017

Judge:
Kendall Kelley

Attorneys:
Plaintiff: Herbert C. Liebmann IV, Lin.Liebmann L.L.C., Green Bay, WI
Plaintiff: Nicholas J. Vlies, Lin.Liebman L.L.C., Green Bay, WI
Defendant: Michael P. Konz, Gabert, Williams, Konz & Lawrynk L.L.P., Appleton, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Compensatory Other: $7,806
Total Compensatory Award: $7,806
Loss of Services: $665,000
Loss of Services by Adult Children: Yes
Loss of Services by Minor Children: Yes
Comparative Negligence Percentage: 0
Number of Minor Children: 1
Number of Adult Children: 1

Summary of Facts:
This wrongful death action was brought when Kevin Payette, an adult male, died when the bicycle he was riding was struck by a vehicle operated in the opposite direction by defendant David Marx and insured by defendant 1st Auto & Casualty Insurance Company. The plaintiff estate contended that defendant Marx pulled his vehicle out of its lane to pass a horse trailer without having a complete and unobstructed view of oncoming traffic, failed to recognize the presence of the decedent's bicycle, and operated a vehicle that had a field of view obstructed by stickers on the driver's side windshield. The defendants contended the decedent was contributorily negligent. The jury determined the decedent and defendant Marx were each negligent but the decedent's negligence was not a part of his death. The decedent was survived by his minor daughter and adult daughter.

Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Westlaw Citation:
2017 WL 11068975