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Case of the Month June 2010

Smoke Bomb Causes Fourth of July MVA

Starcevic v. State Farm

Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Motorcycle
Vehicle Negligence - Centerline Violation
Negligence-Other
Insurance - Automobile Policy
Insurance - Health
Recreational Activities - Other
Premises Liability - Residential Property

Specific Liability:
Smoke bomb set off by minors at party, and negligent driving, resulted in motor-vehicle collision

General Injury:
Lacerations, muscle damage, scars, diminished range of motion and sensations, fractures; medical expenses; lost wages

Jurisdiction:
State: Wisconsin
Court: Kenosha County.

Related Court Documents:
Plaintiffs' amended complaint: 2009 WL 5574617
Defendant State Farm's answer and cross-claim: 2009 WL 5574622
Defendants Bryan and Illinois Farmers Insurance's answer and cross-claim: 2009 WL 5574618
Defendant Humana's answer, counterclaim and cross-claim: 2009 WL 5574628
Defendant Principal Life Insurance's answer and cross-claim: 2009 WL 5574639
Defendant Health Care Service's answer, cross-claim and counterclaim: 2009 WL 5574620
Defendants' expert witness Scalia affidavit: 2009 WL 5863050
Order: 2009 WL 5585584

Case Name:
Anthony J. Starcevic and Karen P. Kubin-Starcevic v. State Farm Fire and Casualty Company, Mackenzie Anfang, Peter Anfang and Linda Anfang, Acuity, A Mutual Insurance Company, Destiny Johnson, American Family Mutual Insurance Company, Sharon L. Ehlert, Illinois Farmers Insurance Company, Ursula R. Bryan, American Standard Insurance Company of Wisconsin, Humana Insurance Company, Principal Life Insurance Company and Health Care Service Corporation Illinois State PAC, NFP

Docket/File Number:
2008CV813

Settlement:
Plaintiffs, $950,000.00 from defendants American Standard, Illinois Farmers Insurance, Humana and Principal Life

Settlement Date:
Dec. 14, 2009

Judge:
David M. Bastianelli

Attorneys:
Plaintiffs: Mark S. Young, Habush Habush & Rottier, Milwaukee, Wis.

Defendant (State Farm and the Anfangs): Emile H. Banks Jr. and Vicki L. Arrowood, Emile Banks & Associates, Milwaukee, Wis.

Defendants (American Family Mutual Insurance and Ehlert): JoAnne M. Breese-Jaeck, Hostak, Henzl & Bichler, Racine, Wis.

Defendants (Bryan and Illinois Farmers Insurance): Douglas J. Carroll and Timothy L. Lyons, O'Neill, Schimmel, Quirk & Carroll, Milwaukee, Wis.

Defendants (Acuity and Johnson): Lance S. Grady, Grady, Hayes & Neary, Waukesha, Wis.

Defendant (American Standard): Coral D. Pleas, Pleas Williams, Milwaukee, Wis.

Defendant (Humana Insurance): Matthew R. Falk, Falk Metz LLC, Milwaukee, Wis.

Defendant (Principal Life Insurance): Russ J. Delury, Gibson & Sharps, Brookfield, Wis.

Defendant (Health Care Service): Brian W. Baird, Coyne, Schultz, Becker & Bauer, Madison, Wis.

Trial Type:
Settlement

Experts:
Plaintiffs: Charles P. Weeth, pyrotechnics, LaCrosse, Wis.; Greg Schmeling, MD, orthopedic surgeon, MCW Clinic, Milwaukee, Wis.; James Sanger, MD, plastic and hand surgeon, MCW Clinic, Milwaukee, Wis.; Karl Egge, PhD, economist, Saint Paul, Minn.

Defendants (Bryan and Farmers): Charles A. Scalia, PE, safety engineer, Scalia Safety Engineering, Madison, Wis. Defendants (the Anfangs and State Farm): Robert Krenz, PE, accident reconstructionist, Oregon, Wis.

Breakdown of Settlement:
$950,000.00 to plaintiffs from defendants American Standard, Illinois Farmers Insurance, Humana and Principal Life

Summary of Facts:
Sharon Ehlert hosted a party July 4, 2006 at her home on Tuttle Road in Trevor, Wis. Ehlert's distant cousin, Linda Anfang, was one of more than a dozen guests at the party. She brought her 11-year-old son M.A. and 9-year-old niece D.J.

Linda reportedly stopped on the way to the gathering and purchased several smoke bombs for the children. The smoke bombs were left behind in Linda's jeep parked in the Ehlert driveway.

M.A. and D.J. went into the front yard of the house while the party was taking place in the backyard. They lit the smoke bombs in the steep front driveway, and one of the bombs rolled into the road. This caused a collision between a motorcycle ridden by Anthony Starcevic and Karen Kubin (nka Karen Starcevic) and a minivan driven by Ursula Bryan.

Anthony Starcevic and Karen Kubin-Starcevic filed a lawsuit in the Kenosha County Circuit Court against Linda Anfang, her husband Peter Anfang and their daughter M.A., their insurer State Farm, D.J., her insurer Acuity, Ehlert, her insurer American Family, Bryan, her insurer Illinois Farmers, Anthony's insurer American Standard, Karen's insurers Humana and Principal Life and the couple's joint insurer Health Care Service Corporation.

The plaintiffs alleged Bryan crossed the centerline of travel to avoid the smoke bomb in her lane and traveled directly into the Starcevic's motorcycle. The couple asserted M.A. and D.J. were negligent in lighting the smoke bomb and allowing it to roll down the driveway to the public road, Peter and Linda Anfang were allegedly liable for failing to properly supervise the minors, and the Ehlerts were liable for the negligence of their party guests.

Anthony made a claim for permanent injuries and damages, lacerations, muscle damage, past and future pain, suffering, disability, humiliation, embarrassment, worry and mental distress, lost enjoyment of life, past and future wage loss, $193,424.01 in past medical expenses, $71,640 in past lost wages, $60,000 in future medical expenses and $850,000 in future lost wages.

Karen alleged sustaining permanent injuries and damages, lacerations, fractures, loss of motion and sensation, past and future pain, suffering, disability, humiliation, embarrassment, worry and mental distress, lost enjoyment of life, $92,742.60 in past medical expenses and $3,690 in past wage loss.

The plaintiffs sought judgment for damages and declaration of the rights of all subrogated parties.

State Farm and the Anfangs entered a cross-claim against Bryan and Illinois Farmers Insurance.

Bryan and Illinois Farmers Insurance asserted affirmative defenses of contributory negligence and filed a cross-claim against State Farm and the Anfangs.

Humana entered a counterclaim and cross-claim.

Principal Life Insurance filed a cross-claim.

Health Care Service filed a cross-claim and counterclaim.

Ehlert and American Family filed a motion for summary judgment on grounds Ehlert could not be held liable for the course of events that took place that July 4. The defendants asserted she had no knowledge of the smoke bombs or that the minors were lighting them in front of her house.

Judge Bruce E. Schroeder granted the motion June 26, 2009.

According to the plaintiffs' attorney, his clients demanded $1.6 million to resolve the matter in mediation. The defendants offered $435,000.

The parties reached a $950,000 settlement to the plaintiffs from defendants American Standard, Illinois Farmers Insurance, Humana and Principal Life Sept. 19, 2009.

Judge David M. Bastianelli dismissed the case Dec. 14.

Court: Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Westlaw Citation:
2009 WL 5947524

West's Jury Verdicts - Wisconsin Reports Citation:
West’s J.V. Wis. Rep., Vol. 5, Iss. 10, p. 9 (2010)