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Case of the Month September 2016
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Case of the Month September 2016

$150K Settlement for STH 22, CTH P MVA

Van Cleve v. American Fam. Mut. Ins. Co.

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Intersection
Vehicle Negligence - Stop Sign
Vehicle Negligence - Right-of-Way
Vehicle Negligence - Truck
Vehicle Negligence - Trailer
Insurance - Automobile Policy
Insurance - Subrogation

Specific Liability:
Motorist failed to stop for a stop sign at an intersection and collided with tractor trailer

General Injury:
Unspecified personal injuries; medical expenses; lost wages

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiffs' amended complaint: 2015 WL 11198358
Stipulation and order for dismissal: 2016 WL 3970950


Case Name:
Thomas C. Van Cleve and Renee Van Cleve, plaintiffs, Great West Casualty Company, subrogated plaintiff v. American Family Mutual Insurance Company, Estate of Michael F. Wess, and Great West Casualty Company

Docket/File Number:
2014-CV-007536

Result Amount:
Settlement: Plaintiff, $150,000

Result Date:
December 21, 2015

Judge:
Dennis P. Moroney

Attorneys:
Plaintiffs: John C. Cabaniss, Cabaniss Law, Milwaukee, WI
Defendants (American Family Mutual Insurance Company and Estate of Michael F. Wess): Aaron R. Berndt, Borgelt, Powell, Peterson & Frauen S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Settlement: Plaintiff, $150,000
$33,148.65 to plaintiff Thomas Van Cleve
$66,297.29 to subrogated plaintiff Great West Casualty Company
$50,000.00 to plaintiff's attorney for fees
$554.06 to plaintiff for costs

Summary of Facts:
Thomas Van Cleve was reportedly operating a semi-tractor trailer south on STH 22 when a van operated by Michael Wess on CTH P entered the intersection without stopping for a stop sign and collided with the semi-tractor trailer. Thomas allegedly sustained unspecified personal injuries as a result of the collision.

Thomas was insured by Great West Casualty Company and Wess was insured by American Family Mutual Insurance Company at the time of the collision.

Thomas and his spouse Renee Van Cleve filed a lawsuit against American Family Mutual Insurance Company, Estate of Michael F. Wess, and Great West Casualty Company. The plaintiffs alleged Wess was negligent in failing to stop at the stop sign, yield the right of way, and manage and control his vehicle. Thomas sought compensation for his bodily injury, medical expenses, lost wages, pain, suffering and disability. Renee made a claim for loss of society, companionship and comfort.

Great West Casualty Company was included as a subrogated plaintiff for medical and indemnity payments made on behalf of the plaintiffs.

The parties reached a settlement in the total amount of $150,000.

Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2015 WL 11233809


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