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Case of the Month September 2010

Insurer Pays $1.3M for Fatal I-39 Collision

Stern v. Amer. Fam. Mut. Ins.

Wrongful Death - Adult
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Interstate/Freeway
Vehicle Negligence - Centerline Violation
Insurance - Automobile Policy
Insurance - Health

Specific Liability:
Motorist's negligence resulted in crossover into oncoming traffic resulting in death of drivers and one passenger, plus serious injuries to minor passenger

General Injury:
Death; multiple orbital wall and skull fractures, intracerebral hematoma, closed head injury, and fractured left hand and right iliac crest; medical expenses; intracranial hemorrhage; dissected thoracic aneurysm; fractures of ribs, pelvis, left wrist femur and thoracic spine at T-8 and T-9

Jurisdiction:
State: Wisconsin
Court: Dane County.

Related Court Documents:
Plaintiffs' amended complaint: 2008 WL 7402755
Petition for settlement approval: 2009 WL 5378975
Order: 2009 WL 5467730

Case Name:
The Estate of Cynthia I. Stern, deceased, by its personal representative and trustee, Leslie R. Stern, and A.I.S., C.J.S. and M.J.S., minor children of Cynthia I. Stern, deceased, by their guardian ad litem, Daniel A. Rottier, v. American Family Mutual Insurance Company, the Estate of Roy C. Hoxie, by its personal representative, Leon D. Sheldahl, and Knowledge Learning Corporation; Estate of Virginia I. Hoxie, David F. Grams, successor personal representative v. American Family Mutual Insurance Company and Aetna Health Plans

Docket/File Number:
2008CV4219; 2008CV4430

Settlement:
Plaintiffs Stern, $1,300,000.00 from defendant American Family Mutual Insurance Company

Settlement Date:
July 27, 2009

Judge:
Maryann Sumi

Attorneys:
Plaintiffs (Stern): Daniel A. Rottier, Eric J. Ryberg and Nicholas J. McNamara, Habush Habush & Rottier, Madison, Wis.; Bruce C. Recher, Henson & Efron, Minneapolis, Minn.

Plaintiff (Hoxie): Thomas M. Olson, David F. Grams & Associates, Madison, Wis.

Defendant (Knowledge Learning): Timothy J. Eiden, Hansen, Dordell, Bradt, Odlaug & Bradt, Menomonie, Wis.; William M. Bradt, Hansen, Dordell, Bradt, Odlaug & Bradt, St. Paul, Minn.

Defendant (Hoxie and American Family): Stephen O. Murray and Barbara M. Olivas, Coyne, Schultz, Becker & Bauer, Madison, Wis.; Stephen O. Murray and Barbara M. Olivas, Otjen, Van Ert & Weir, Madison, Wis.

Defendant (Aetna): Monte E. Weiss and Charles W. Kramer, Deutch & Weiss, Fox Point, Wis.

Trial Type:
Settlement

Experts:
Plaintiff: None mentioned

Defendants: None mentioned

Breakdown of Settlement:
$1,100,000.00 to plaintiffs Stern from defendant American Family Mutual Insurance for the wrongful death of Cynthia Stern $200,000.00 to minor M.J.S. from defendant American Family Mutual Insurance The three minor children were to divide $692,209.70 equally among themselves, $63,159.41 was placed in an irrevocable trust for M.J.S., Knowledge Learning Corporation received $28,150.94 plus a future credit of $452,089.49, and the plaintiffs' attorneys received one-third of the settlement amount along with their costs.

Summary of Facts:
Cynthia Stern and Roy Hoxie died Oct. 9, 2005 as a result of injuries sustained in a motor vehicle collision on Interstate 39 near State Highway 19.

Stern was driving a 2005 Ford Escort southbound on Interstate 39. Hoxie, driving his 2006 Chevrolet Suburban in the northbound lane of Interstate 39, crossed the median and struck Stern's Escort.

Stern's minor daughter M.J.S. was a passenger in her mother's Escort at the time of the accident and sustained personal injuries.

Hoxie's wife Virginia Hoxie was a passenger in her husband's car at the time.

American Family Mutual Insurance Company insured Roxie's vehicle. Knowledge Learning Corporation, Cynthia's employer, paid worker's compensation benefits for Cynthia and her heirs.

Cynthia's surviving husband Leslie Stern, and the couple's three minor children A.I.S., C.J.S and M.J.S. entered a complaint in the Dane County Circuit Court against Roxie's Estate, American Family and Knowledge Learning.

In addition to the wrongful death claim, the plaintiffs alleged minor passenger and daughter M.J.S. suffered severe and permanent injuries to her mind and body, including but not limited to multiple orbital wall and skull fractures, intracerebral hematoma, closed head injury, and fractured left hand and right iliac crest; lost enjoyment of life; and medical expenses.

The Sterns sought judgment against the defendants, jointly and severally.

Virginia Hoxie died Oct. 11 as a result of injuries sustained in the Oct. 9 accident. Her estate entered a complaint in the Dane County Circuit Court against American Family and Aetna Health for pecuniary damages and medical and funeral expenses.

Virginia's Estate alleged Virginia suffered intracranial hemorrhage; dissected thoracic aneurysm; fractures of ribs, pelvis, left wrist femur and thoracic spine at T-8 and T-9; severe emotional trauma; and severe conscious pain and suffering.

The cases were consolidated Dec. 10, 2008.

Knowledge Learning responded to the Stern claim with a cross-claim asserting its subrogation rights.

Aetna asserted its right to reimbursement and/or subrogation.

A petition for approval of minor settlement and wrongful death was filed July 23, 2009. American Family agreed to pay $1,100,000 for the wrongful death of Cynthia Stern and $200,000 for injuries to minor M.J.S.

The agreement called for the three minor children to divide $692,209.70 equally among themselves, $63,159.41 to be placed in an irrevocable trust for M.J.S., and their attorneys received one-third of the settlement amount along with their costs.

Judge Maryann Sumi approved the settlement in an order signed July 27.

The parties later stipulated to a third-party distribution of $28,150.94 to Knowledge Learning Corporation in satisfaction of its subrogation claim plus a future credit of $452,089.49.

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

Westlaw Citation:
2009 WL 6615009