West's Jury Verdicts - Wisconsin Reports

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Case of the Month March 2010

Driver Loses Foot After MVA, Settles With Insurer for $2M

Lang v. Metz

Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Chain Reaction Collision
Vehicle Negligence - Rear-End
Vehicle Negligence - Centerline Violation
Vehicle Negligence - Head-On
Vehicle Negligence - Inattention

Specific Liability:
Inattentive driving and following traffic too closely caused chain-reaction rear-end collision that propelled a vehicle into opposing traffic where it struck a third vehicle head-on

General Injury:
Bilateral fractures to legs, ankles and feet; foot amputation; fractured sternum; fractured finger; medical expenses

Jurisdiction:
State: Wisconsin
Court: Wood County.

Related Court Documents:
None.

Case Name:
Constance Lang v. Christopher Metz, Sternweis & Sons and General Casualty Co. of Wisconsin

Docket/File Number:
2008CV807

Settlement:
Plaintiff, $1,990,000.00 from defendant General Casualty

Settlement Date:
June 8, 2009

Judge:
Gregory Potter

Attorneys:
Plaintiff: D. James Weis, Habush, Habush & Rottier, Wausau, Wis.

Defendants: Ward I. Richter, Bell, Gierhart & Moore, Madison, Wis.

Trial Type:
Settlement

Experts:
None mentioned

Breakdown of Settlement:
$1,990,000.00 to plaintiff from defendant General Casualty

Summary of Facts:
According to the plaintiff's counsel:

Christopher Metz was driving a Sternweis & Sons concrete truck in September 2008 when he caused a three-vehicle, chain-reaction collision. Metz was following a second truck behind a school bus. The second truck stopped when the bus slowed to pick up a child.

Metz failed to notice the truck stopping and rear-ended the second truck. The impact pushed the second truck into opposing traffic where it collided head-on with Constance Lang's vehicle.

Lang, 46, reportedly suffered extensive fractures to her legs, ankles and feet. She additionally suffered fractures to her sternum and a finger. She underwent a foot amputation and was left with numerous scars from her operations.

Lang sued Metz, Sternweis & Sons and the company's insurer, General Casualty Co. of Wisconsin, in the Wood County Circuit Court. She claimed Metz's inattention and his close proximity to second truck caused the accident.

The plaintiff claimed to have incurred $1.2 million in medical expenses and will require additional treatment. She was able to return to work part-time.

The plaintiff settled with General Casualty in June 2009 for $1.99 million.

A jury trial regarding the claims against Sternweis & Sons is scheduled for September 2010.

Court: Circuit Court of Wisconsin, Sixth Judicial District, Wood County.

Westlaw Citation:
2009 WL 4757354

West's Jury Verdicts - Wisconsin Reports Citation:
West’s J.V. Wis. Rep., Vol. 5, Iss. 7, p. 25 (2009)