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Case of the Month August 2010

Bicyclist Receives $2.3M From Century Ave. MVA

Busse v. State Farm Ins.

Vehicle Negligence - Bicycle
Vehicle Negligence - Crosswalk
Insurance - Automobile Policy
Insurance - Uninsured/Underinsured Motorist

Specific Liability:
Negligent driving resulted in collision with bicyclist

General Injury:
Fractures, spinal injury, neurogenic bowel and bladder conditions

Jurisdiction:
State: Wisconsin
Court: Dane County.

Related Court Documents:
None.

Case Name:
James S. Busse v. State Farm Insurance, Alper Bolat, Jonathan Nesheim, Erie Insurance and Blue Cross Blue Shield of WI

Docket/File Number:
2008CV2497

Settlement:
Plaintiff, $2,300,000.00

Settlement Date:
April 28, 2010

Judge:
Nicholas J. McNamaran

Attorneys:
Plaintiff: Ken Quincey, Quincey, Becker, Schuessler, Chase & Devitt, Beaver Dam, Wis.

Defendant (State Farm): Catherine M. Rottier, Boardman, Suhr, Curry & Field, Madison, Wis.

Defendant (Blue Cross): Matthew R. Falk, Falk Metz LLC, Milwaukee, Wis.

Defendants (Erie and Nesheim): David J. Farley, Borgelt, Powell, Peterson & Frauen, Milwaukee, Wis.

Defendant (Bolat): Khaja M. Din and Alexander Memmen, Din Memmen Inc., Madison Wis.

Trial Type:
Settlement

Experts:
Plaintiff: Charles A. Scalia, PE, accident reconstructionist, Scalia Safety Engineering, Madison, Wis.; Kevin L. Schultz, MS, vocational rehabilitationist, Madison, Wis.; Robert Niendorf, PhD, economist, Omro, Wis.

Defendants: None mentioned

Breakdown of Settlement:
$2,300,000.00 to plaintiff

Summary of Facts:
Jim Busse, 43, was riding his bicycle in Middleton, Wisconsin Oct. 26, 2007. He was on his way home from work when a vehicle traveling on Century Avenue reportedly pushed Busse from the intersection crosswalk into the road. Busse was then struck by another vehicle.

The first driver was underinsured, and the second driver was uninsured.

Busse filed a complaint in the Dane County Circuit Court against his insurer State Farm Insurance, drivers Alper Bolat and Jonathan Nesheim, and their insurers Erie Insurance and Blue Cross Blue Shield.

The plaintiff alleged the motorists caused the collision. Busse claimed sustaining numerous fractures, and spinal injury resulting in permanent neurogenic bowel and bladder conditions. He also sought UM/UIM benefits from State Farm.

The case was settled after a mediation session with mediator Jim Jansen. Busse received $2,300,000. Judge Nicholas J. McNamara signed the order and dismissed the case April 28, 2010.

Court: Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2010 WL 2020888