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Case of the Month January 2015

Motorcyclist struck by truck recevies $5.5M for injuries

Bashirian v. Hartford Fire Ins. Co.

Case Type:
Vehicle Negligence - Truck
Vehicle Negligence - Motorcycle

Specific Liability:
Truck v. Motorcycle

General Injury:
Paraplegia; Brain Damage; Bladder and Bowel: Bladder and Bowel Incontinence

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Third Judicial District, Jefferson County.

Related Court Documents:
Plaintiffs' amended complaint: 2013 WL 9900336
Order approving settlement: 2014 WL 6600075

Case Name:
Bashirian v. Hartford Fire Ins. Co.; Schwan's Home Service, Inc.; Kozak

Docket/File Number:
2012-CV-000873

Result Amount:
$5,500,000

Result Date:
June 13, 2014

Judge:
William F. Hue

Attorneys:
Plaintiff: James R. Jansen, Habush, Habush & Rottier, S.C., Madison, WI
Defendant: Jon Patrick Lubenow, SmithAmundesen, LLC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Physiatrist: Orr, Merle, M.D., Milwaukee, WI
Plaintiff: Accident reconstructionist: Erdtmann, Paul, Madison, WI
Plaintiff: Vocational rehabilitation: Albers, Michelle, Vocational Diagnostics, Phoenix, AZ
Defendant: Accident reconstructionist: Whelan, James, Chicago, IL
Defendant: Life care planning: Klosterman, Jan, R.N., Klosterman & Associates, St. Louis, MO

Breakdown of Award:
$5,500,000
Total Compensatory Award: $5,500,000

Summary of Facts:
Evan Bashirian, 41-year-old adult male, claimed he suffered Asia A Paraplegia, multiple fractures, brain trauma, neurogenic bowel and bladder, and chronic pain as a result of an automobile collision in which his motorcycle was struck by a truck allegedly operated by defendant Brian Kozak in the course of his employment with defendant Schwan's Home Service, Inc., insured by defendant Hartford Fire Insurance Company. The plaintiff contended that defendant Kozak negligently operated the truck enstrusted to his care and that Schwan's Home Service, Inc. was directly liable pursuant to respondeat superior. The parties reached a settlement of $5.5 million.

Circuit Court of Wisconsin, Third Judicial District, Jefferson County.

Westlaw Citation:
2014 WL 6766186