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Case of the Month October 2016
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Case of the Month October 2016

Motorist Strikes Minor Bicyclist; Jury Awards $6.5M

Schneider v. State Farm Mut. Auto. Ins. Co.

Case Type:
Vehicle Negligence - Sole Vehicle
Vehicle Negligence - Bicycle
Vehicle Negligence - Right Turn
Insurance - Automobile Policy

Specific Liability:
Motorist negligently struck minor bicyclist

General Injury:
Left sided brachial plexus; medical expenses

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


Case Name:
Sean Schneider v. State Farm Mutual Automobile Insurance Company, and Deborah Lyman

Docket/File Number:
2014-CV-005311

Result Amount:
Plaintiff, $7,258,161; reduced in judgment to $6,532,345 per negligence apportionment

Result Date:
May 12, 2016

Judge:
John DiMotto

Attorneys:
Plaintiff: Randall L. Rozek, Rozek Law Offices S.C., Milwaukee, WI
Defendants: Daniel J. O'Brien, Rosenzweig Halling & Cayo S.C., Milwaukee, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiff, $7,258,161; reduced in judgment to $6,532,345 per negligence apportionment
$7,000,000.00 to plaintiff for pain and suffering
$258,160.69 to plaintiff for past medical expenses
The jury determined the plaintiff was 10 percent negligent and defendant Lyman was 90 percent negligent.

Summary of Facts:
According to the plaintiff's lawyer: Sean Schneider, then 9 years old, was riding a bicycle when he was struck by a vehicle operated by Deborah Lyman. Schneider sustained a left sided brachial injury as a result of the incident. Lyman was insured by State Farm Mutual Automobile Insurance Company at the time of the collision.

Schneider filed a lawsuit against Lyman and State Farm. The plaintiff alleged he was making a right turn and was struck by Lyman while he maintained his lane of travel. He sought compensation for his bodily injury, medical expenses, and pain and suffering.

The defendants alleged the plaintiff failed to come to a stop at a stop sign and made a wide right turn.

A jury determined Schneider was 10 percent negligent and Lyman was 90 percent negligent. The plaintiff was awarded a total of $7,258,160.69. The award was reduced in judgment to $6,532,344.62 per the negligence apportionment.

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

Westlaw Citation:
2016 WL 4474654


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