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Case of the Month May 2015

Passenger Receives $1.2M for MVA Injuries

James v. Country Preferred Ins. Co.

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Passenger
Insurance - Automobile Policy
Insurance - Uninsured/Underinsured Motorist

Specific Liability:
Negligent driving by motorists caused injuries to passenger

General Injury:
Back; medical expenses

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Related Court Documents:
Plainitff's amended complaint: 2013 WL 10338444
Plaintiff's settlement offer: 2014 WL 8238253 Verdict form: 2014 WL 8219421
Stipulation and order for dismissal: 2014 WL 8219434

Case Name:
Michael R. James v. Country Preferred Insurance Company, Kari A. Kerber f/k/a Kari A. Gallagher, Dairyland Insurance Company, and ABC Insurance Company

Docket/File Number:
2013-CV-000011

Result Amount:
Plaintiff, $1,280,000

Result Date:
March 27, 2014

Judge:
Nancy J. Krueger

Attorneys:
Plaintiff: Kevin Lonergan, Herrling Clark Law Firm LTD, Appleton, WI
Defendants (Country Preferred Insurance Co. and Kerber): James A. Higgins, Goyke, Tillisch & Higgins LLP, Wausau, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiff, $1,280,000
$80,000.00 to plaintiff for past health care and other elated expenses from defendants Kerber and Country Preferred Insurance Company
$200,000.00 to plaintiff for past pain, suffering and disability from defendants Kerber and Country Preferred Insurance Company
$700,000.00 to plaintiff for future health care and other related expenses from defendants Kerber and Country Preferred Insurance Company
$300,000.00 to plaintiff for future pain, suffering and disability from defendants Kerber and Country Preferred Insurance Company

Summary of Facts:
Michael James was a passenger in a vehicle operated by Dacey Wilbur and insured by Dairyland Insurance Company when the vehicle was involved in a collision with a vehicle operated by Kari Kerber f/k/a Kari Gallagher and insured by Country Preferred Insurance Company.
James filed a lawsuit against Country Preferred Insurance Company, Kerber, and Dairyland Insurance Company. The plaintiff alleged Wilbur and Kerber were negligent in the operation of their vehicles. He also asserted Kerber was an underinsured motorist.
James offered to settle with Kerber and Country Preferred Insurance Co. in the amount of $590,000.
A jury determined Kerber and Wilbur were each negligent but only Kerber's negligence was a cause of the accident. The plaintiff was awarded damages in the total amount of $1,280,000.

Court: Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Westlaw Citation:
2014 WL 8274910