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Case of the Month November 2016
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Case of the Month November 2016

$1.5M Settlement for Trash Compactor Leg Injury

Whalen v. Mueller

Case Type:
Vehicle Negligence - Truck
Vehicle Negligence - Pedestrian

Specific Liability:
Truck struck trash compactor which fell on plaintiff's leg

General Injury:
Degloving; Right Leg

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

Related Court Documents:
Plaintiffs' amended complaint: 2015 WL 12531895
Plaintiffs' final pretrial report: 2015 WL 12531889
Stipulation and order for dismissal: 2016 WL 4761556

Case Name:
Whalen V. Mueller; National Union Fire Insurance Co. Of Pittsburgh, PA; Ellis Stone Construction Company, Inc.

Docket/File Number:

Result Amount:
Plaintiffs, $1,500,000

Result Date:
April 01, 2016

Richard J. Sankovitz

Plaintiff: James S. Smith, Smith & Rowen S.C., Brookfield, WI
Defendant: Michael G. Vranlcar, Patton & Ryan L.L.C., Chicago, IL
Defendant: Patrick W. Brennan, Crivello Carlson S.C., Milwaukee, WI
Defendant: Brad A. Markvart, Thomas & Associates, New Berlin, WI

Result Type:

Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$1,500,000, including $300,000 for loss of consortium

Summary of Facts:
Kim Whalen, an adult female, claimed she suffered a degloving injury to her right leg, resulting in a lengthy hospitalization and numerous surgeries when a semi-truck operated by defendant Carl Mueller struck a large commercial trash compactor, placed by defendant Ellis Stone Construction Company, Inc., which fell onto her leg. The plaintiff contended that Ellis Stone Construction Company, Inc. negligently placed the trash compactor in that location and created an inherent danger. The plaintiff also contended Mueller negligently operated the semi-truck. The plaintiff's spouse brought a loss of consortium claim and received $300,000 from the settlement.

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

Westlaw Citation:
2016 WL 4773179

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