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Case of the Month November 2016

Truck Tire Strikes Plaintiff's Windshield on Interstate

Carey v. Hanover Insurance Company

Case Type:
Vehicle Negligence - Truck Tire

Specific Liability:
Negligent operation and mainatenance of truck

General Injury:
General Emotional Distress: Post-traumatic Stress Disorder
Cartilage: Knee

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Second Judicial District, Racine County.

Related Court Documents:
Plaintiff's amended complaint: 2015 WL 13604359
Plaintiff's trial brief: 2016 WL 9687449
Verdict form: 2016 WL 9687344
Stipulation and order for dismissal 2017 WL 4181012

Case Name:
Carey v. Hanover Insurance Company; Master Brew Beverage, Inc.; Hemer

Docket/File Number:
2015-CV-001490

Result Amount:
$652,000

Result Date:
December 09, 2016

Judge:
Eugene Gasiorkiewicz

Attorneys:
Plaintiff: Paul R. Hoefle, The Schroeder Group S.C., Waukesha, WI
Plaintiff Michael R. Kruse, The Schroeder Group S.C., Waukesha, WI
Defendant: Valerie R. Jonas, Law Offices of Loretta M. Griffin, Chicago, IL

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Compensatory Pain & Suffering: $243,000
Compensatory Past Wages: $25,000
Total Compensatory Award: $268,000
Punitive Damages: $384,000
Comparative Negligence Percentage: 0

Summary of Facts:
Kathleen Carey, an adult female, reportedly suffered a torn meniscus in her left knee requiring surgery and rehabilitation, and Post Traumatic Stress Disorder, as a result of an automobile collision in which her vehicle, traveling on an interstate highway, her windshield was struck by the right rear tire of a box truck that was heading in the opposite direction on the interstate operated by defendant David Hemer in the course of his employment with defendant Master Brew Beverages, Inc., which was insured by defendant Hanover Insurance Company. The plaintiff contended that defendant Hemer failed to use ordinary care to manage and control the box truck and was negligent per se. She also contended defendant Master brew was cited for a loose/missing nut on the wheel. The defendants denied liability and contended none of the lug nut indicators were out of place prior to the operation of the truck.

Circuit Court of Wisconsin, Second Judicial District, Racine County.

Westlaw Citation:
2016 WL 9734673