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Case of the Month February 2015
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Case of the Month February 2015

Settlements Total $570K for Illinois Rear-End Chain Reaction Collision

Olen v. Allstate Indem. Co.

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Parked/Stalled/Stopped Vehicle
Vehicle Negligence - Rear-End
Vehicle Negligence - Negligent Entrustment-Vehicle
Vehicle Negligence - Chain Reaction Collision
Vicarious Liability

Specific Liability:
Negligent driving and entrustment caused chain reaction rear-end collision

General Injury:
Unspecified personal injuries; medical expenses; wage loss

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

Related Court Documents:
Plaintiffs' second amended complaint: 2012 WL 11975688
Stipulation and order for settlement approval: 2014 WL 7190092

Case Name:
Jeffrey J. Olen and Aida Olen v. Allstate Indemnity Company, Vazcom Communications Inc., ABC Insurance Company, Marco A. Castaneda Carbajal, Nationwide Mutual Insurance Company, State Farm Mutual Automobile Insurance Company, United Healthcare Insurance Company

Docket/File Number:
2011-CV-001337

Result Amount:
Plaintiffs, $570,825


Result Date:
September 02, 2014

Judge:
David M. Bastianelli

Attorneys:
Plaintiffs: Mark S. Young, Habush, Habush & Rottier, S.C., Milwaukee, WI; Benjamin S. Wagner, Habush, Habush & Rottier, S.C., Milwaukee, WI
Defendant (State Farm Auto. Ins. Co.): Tony M. Dunn, Alia, Dumez, Dunn & McTernan, S.C., Kenosha, WI
Defendant (Nationwide Ins. Co.): Mary E. Hughes, Whyte Hirschboeck Dudek, S.C., Milwaukee, WI
Defendant (United Healthcare Ins. Co.): Matthew S. Mayer, Mallery & Zimmerman, S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$300,000.00 to plaintiffs from defendant State Farm Mutual Automobile Insurance Company
$270,825.00 to plaintiffs from defendants Allstate Indemnity Company, Vazcom Communications, and Carbajal


Summary of Facts:
Jeffrey Olen, in the scope of his employment for Therapy Network Resources, was reportedly operating his vehicle west on Rosecrans Road in Newport, Ill. He came to a stop for traffic when a vehicle operated by Marco Castaneda Crabajal and owned by Vazcom Communications struck Jeffrey's vehicle from behind, which force his vehicle into the eastbound lane where it was struck by another vehicle.
Vazcom was insured by Allstate Indemnity Company, and Olen was insured by State Farm Mutual Automobile Insurance Company, which included underinsured motorist coverage.
Jeffrey and his spouse Aida Olen filed a lawsuit against Allstate Indemnity Company, Vazcom Communications Inc., ABC Insurance Company, Marco A. Castaneda Carbajal, and State Farm Mutual Automobile Insurance Company. The plaintiffs alleged Carbajal was negligent in the operation of Vazcom's vehicle, which was the direct and proximate cause of the collision. They also contended Vazcom negligently entrusted its vehicle to Carbajal. The plaintiffs sought compensatory damages for Jeffrey's personal injuries, medical expenses, lost wages, pain, suffering, disability humiliation, mental distress and loss of enjoyment of life, and Aida made a claim for loss of consortium. They also sought punitive damages.
Nationwide Mutual Insurance Company and United Healthcare Insurance Company were added as defendants due to payments made on the plaintiffs' behalf.
The plaintiffs reached a settlement with State Farm Mutual Automobile Insurance Company in the amount of $300,000 and with defendants Allstate Indemnity Company, Vazcom Communications, and Carbajal in the amount of $270,825.

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

Westlaw Citation:
2014 WL 7398984


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