West's Jury Verdicts - Wisconsin Reports

Benefits to State Bar of Wisconsin Members	Case Highlights & Features	Publicize Your Case Results
As a service to its members, the State Bar of Wisconsin has entered into an alliance agreement with West, a Thomson Reuters business, to provide award information on Wisconsin civil jury trials, bench trials, settlements, and arbitrations. State Bar members can: Request a full case summary, free of charge Submit their own case results for online publication in Westlaw's® West's Jury Verdicts – Wisconsin Reports, free of charge Order a paid online subscription to Westlaw's® West's Jury Verdicts – Wisconsin Reports Contact West: west.juryverdicts@thomsonreuters.com or 800-689-9378 For State Bar members submitting their own results for publication, West will: Send each submitter a pdf of his/her published case as it appears online in Westlaw's® West's Jury Verdicts – Wisconsin Reports, free of charge Consider highlighting and/or featuring the case in our semi-monthly "West's Jury Verdicts" article in InsideTrack, and on this web site.	*State Bar of Wisconsin's InsideTrack* Web Site Highlights - Our attorney editors select 6 cases to highlight in the State Bar of Wisconsin's semi-monthly "InsideTrack" web site in concise one-paragaph format from the approximately 25 Wisconsin cases we publish each month in full summary format. This Web Site Case of the Month - Our attorney editors also select one case to feature in its entirety in its full summary format. Case of the Month December 2014** See below	Would you like West to consider featuring or highlighting your case? » Online Submission Form
		Westlaw Litigator
		Your key resource for every phase of litigation » Learn More
		Recommend Another State Bar
		Would you like West to provide similar content for another State Bar? » Contact Us

Case of the Month December 2014

Bicyclist Struck by Vehicle Recevies $100K for Injuries

Ferrella v. First Student, Inc.; City of Monona

Case Type:
Vehicle Negligence - Illegal Parking
Vehicle Negligence - Bicycle Accident

Specific Liability:
Bicycle Collision - Parked Vehicle

General Injury:
Fracture of One Hip

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

Related Court Documents:
Plaintiff's complaint: 2011 WL 12489289
Judgment: 2014 WL 4654894

Case Name:
Ferrella v. First Student, Inc.; City of Monona

Docket/File Number:
2011-CV-003360

Result Amount:
$294,500
Judge Reduced Award To: $100,130

Result Date:
February 19, 2014

Judge:
Sarah B. O'Brien

Attorneys:
Plaintiff: Stephen J Eisenberg, Eisenberg Law Offices, S.C., Madison, WI
Defendant: Paul J. Pytlik, Hills Legal Group, Ltd., Waukesh, WI
Defendant: Lawrence J. Drabot, Crivello Carlson, S.C., Milwaukee, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$294,500
Judge Reduced Award To: $100,130
Compensatory Pain & Suffering: $90,000
Compensatory Past Medical: $101,000
Compensatory Future Medical: $3,000
Compensatory Past Wages: $100,500
Total Compensatory Award: $294,500
Punitive Damages: $0
Hedonic Damages: $0
Property Damages: $0
Interest: $0
Other Damages: $0
Loss of Services: $0
Final Demand: $100,000
Comparative Negligence Percentage: 33
A jury determined the driver of the vehicle was 33% negligent, the bus driver was 34% negligent and the plaintiff was 33% negligent.

Summary of Facts:
Thomas Ferrella, an adult male, claimed he suffered a femoral neck fracture of the hip as a result of him being forced to bicycle around a bus owned by defendant First Student, Inc. and contracted by defendant City of Monona that was blocking a bicycle path at an intersection when another vehicle turned into his path, causing him to stop suddenly and fall. The plaintiff contended that the bus was illegally parked at an intersection, the operator failed to keep a proper lookout and the bus was not operated in a safe manner. A jury determined the driver of the vehicle was 33% negligent, the bus driver was 34% negligent and the plaintiff was 33% negligent. The past medical expense, and past loss of earning capacity awards were answered by the court.

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

Westlaw Citation:
2014 WL 5358795