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Case of the Month May 2017

Ambulance Passenger Sustains Fatal Injuries

Phillips v. The Med. Protective Grp.

Case Type:
Wrongful Death
Vehicle Negligence - Ambulance

Specific Liability:
Negligent operation of an ambulance

General Injury:
Death

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Related Court Documents:
Plaintiffs' amended complaint: 2015 WL 13047776
Verdict form: 2016 WL 8254385
Stipulation and order for dismissal: 2016 WL 8256622

Case Name:
Phillips, III, Estate of v. The Medical Protective Group; Meriter Health Services Inc.

Docket/File Number:
2014-CV-001410

Result Amount:
$603,850

Result Date:
December 08, 2016

Judge:
Richard Niess

Attorneys:
Frank T. Pasternak, Pasternak & Zirgibel S.C, Brookfield, WI
Jeffrey R. Zirgibel, Pasternak & Zirgibel S.C., Brookfield, WI
Defendant:
Barrett J. Corneille, Corneille Law Group L.L.C., Madison, WI
David J. Pliner, Corneille Law Group L.L.C., Madison, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Compensatory Past Medical: $153,850
Total Compensatory Award: $153,850
Loss of Services: $450,000
Loss of Services by Parent: Yes
Comparative Negligence Percentage: 0

Summary of Facts:
This wrongful death action was brought when Stanley Phillips, III, adult male passenger in the patient transport/cargo area of an ambulance owned by defendant Meriter Health Services Inc. and insured by defendant The Medical Protective Group when it was involved in a violent collision, which resulted in Phillips, III sustained basal skull fractures, and bilateral cavernous cartoid lacerations with extensive hemorrhaging, which ultimately caused his death. The plaintiff estate contended that the defendant was liable for the negligent operation of the ambulance, which was the cause of the fatal collision. The decedent was survived by his parents. They brought a loss of services, society and companionship claim.

Court: Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2016 WL 8488368