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Case of the Month May 2010

Motorist Receives $6M Pre-Suit Settlement From West Bend

Miller v. Buchanan

Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Centerline Violation
Vehicle Negligence - Trailer
Vehicle Negligence - Truck
Vehicle Negligence - Head-On

Specific Liability:
Semi driver crossed highway centerline and caused head-on collision

General Injury:
Right ankle fracture, herniation of stomach and colon, bilateral collapsed lungs, brain hemorrhage, cervical spine dislocation with bleeding into spinal cord, ligament disruption and nerve root injury at cervical and thoracic levels, medical expenses, lost wages

Jurisdiction:
State: Wisconsin
Court: Washington County.

Related Court Documents:
None.

Case Name:
Mary Miller v. James Buchanan and Struck & Irwin Paving

Docket/File Number:
Not Available

Settlement:
Plaintiff, $6,000,000.00

Settlement Date:
May 19, 2009

Judge:
N/A

Attorneys:
Plaintiff: Timothy S. Trecek, Habush, Habush & Rottier, Green Bay, Wis.

Defendants: Gerald Schmidt, Schmidt, Darling & Erwin, Wauwatosa, Wis.

Trial Type:
Settlement

Experts:
Plaintiff: Dennis D. Skogen, PE, reconstruction specialist, Skogen Engineering Group, Madison, Wis.; Carl Rieken, trucking industry, Elkhorn, Wis.; Helen Woodard, life care planner, Denver, Colo.; David A. Stopper, reconstruction specialist, Stopper & Associates, Broad Run, Va.

Defendants: None mentioned

Breakdown of Settlement:
$6,000,000.00 to plaintiff

Summary of Facts:
Mary Miller, 41, was driving her Jeep Grand Cherokee east on STH 33 near Addison May 23, 2007. James Buchanan was driving his semi-tractor trailer west on STH 33 when he lost control of his truck and crossed the centerline into the path of Miller's Jeep. The impact was reportedly so severe that it caused the rear of the Jeep to go airborne.

Miller was flown to Froedtert Hospital and diagnosed with right ankle fracture, herniation of stomach and colon, bilateral collapsed lungs, brain hemorrhage, cervical spine dislocation with bleeding into her spinal cord, and ligament disruption and nerve root injury at cervical and thoracic levels. She had more than six surgical procedures including a cervical spine fusion.

Miller returned home in April 2008 but required 24-hour help and supervision, wore an ankle brace, needed help to walk, reduced use of her hands, required tube feedings, and suffered memory loss and staph infections at her feeding-tube site. She eventually had her voice box removed.

Miller filed a complaint in the Washington County Circuit Court against Buchanan and his employer Struck & Irwin Paving for negligent driving. The plaintiff made a claim for her catastrophic physical injuries, $979,468.63 in past medical expenses, future medical expenses, $75,000 in past wage loss and for future wage loss.

The plaintiff initially offered to settle for $12 million.

A pre-suit settlement of $6 million to the plaintiff from West Bend Mutual Insurance was reached May 19, 2009.

Court: Circuit Court of Wisconsin, Third Judicial District, Washington County.

Westlaw Citation:
2009 WL 5718259

West's Jury Verdicts - Wisconsin Reports Citation:
West’s J.V. Wis. Rep., Vol. 5, Iss. 9, p. 25 (2010)