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Case of the Month January 2016
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Case of the Month January 2016

Intoxicated Motorist Strikes Motorcyclist

Keyzer v. Behnke

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Motorcycle
Vehicle Negligence - Impaired Driver
Vehicle Negligence - Centerline Violation
Vehicle Negligence - Head-On
Personal Property - Damage Personal Property
Insurance - Health

Specific Liability:
Intoxicated motorist crossed center line and struck motorcyclist head on

General Injury:
Spinal fracture, open fracture and dislocation of left femur, fracture of the left fibula, fracture of the left ankle and de-gloving to the left heel; medical expenses; loss of wages; property damage

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

Related Court Documents:
Plaintiffs' second amended complaint: 2014 WL 10713488
Plaintiffs' pretrial statement: 2015 WL 7283302
Judgment: 2015 WL 7291000

Case Name:
Michael R. Keyzer and Kathy M. Keyzer, plaintiffs, Sylvia Mathews Burwell, Secretary of the United States Department of Health and Human Services, involuntary plaintiff v. Nicolle N. Behnke and Continental Life Insurance Co. of Brentwood, Tennessee

Docket/File Number:
2012-CV-001615

Result Amount:
Plaintiffs, $2,661,666


Result Date:
May 28, 2015

Judge:
Donald R. Zuidmulder

Attorneys:
Plaintiffs: Marie A. Stanton, Hurley, Burish & Stanton S.C., Madison, WI
Defendant: None mentioned

Result Type:
Bench Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiffs, $2,661,666
$2,500,000.00 to plaintiff Michael Keyzer for pain, suffering and disability
$141,666.00 to plaintiff Michael Keyzer for loss of earnings
$10,000.00 to plaintiff Nicolle Behnke for loss of earnings, household services, and nursing services
$10,000.00 to plaintiff Nicolle Behnke for loss of consortium

Summary of Facts:
Michael Keyzer was reportedly operating a 2010 Harley Davidson south on State Highway 32, when a vehicle operated by Nicolle Behnke north on State Highway 32 crossed the center line and struck his motorcycle head on. Behnke was convicted of Injury by Intoxicated Use of a Vehicle. Michael allegedly sustained a spinal fracture, open fracture and dislocation of left femur, fracture of the left fibula, fracture of the left ankle and de-gloving to the left heel as a result of the collision.

Michael and his spouse Kathy Keyzer filed a lawsuit against Behnke. Continental Life Insurance Co. of Brentwood, Tennessee provided Medicare supplemental insurance to Michael and was included as a defendant for any interest it may have. The plaintiffs alleged Behnke was operating her vehicle under the influence of alcohol at the time of the collision. Michael sought compensation for his personal injuries, medical expenses, lost wages, and property damage. Kathy sought compensation for loss of society and companionship.

Following a bench trial, the court awarded the plaintiffs damages in the total amount of $2,661,666.

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

Westlaw Citation:
2015 WL 7355220


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