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Case of the Month January 2018
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Case of the Month January 2018

Vehicle Strikes Good Samaritan; Insurer Pays $1.3M

Browarski v. Country Preferred Ins.

Case Type:
Insurance - Automobile Policy
Vehicle Negligence - Pedestrian

Specific Liability:
Insurer failed to provide compensation to individual struck by vehilce

General Injury:
Monetary damages

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


Case Name:
Gary Browarski v. Country Preferred Insurance Company

Docket/File Number:
2016-CV-000189

Result Amount:
$1,375,000


Result Date:
June 14, 2017

Judge:
Rebecca F. Dallet

Attorneys:
Plaintiff: Benjamin S. Wagner, Habush, Habush & Rottier S.C., Milwaukee, WI; Molly C. Lavin, Habush, Habush & Rottier S.C., Waukesha, WI
Defendant: Rick E. Hills, Hills Legal Group Ltd., Waukesha, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$250,000.00 to plaintiff for past medical expenses
$250,000.00 to plaintiff for future medical expenses
$25,000.00 to plaintiff for past wages
$500,000.00 to plaintiff for past pain and suffering
$350,000.00 to plaintiff for future pain and suffering

Summary of Facts:
According to the plaintiffs' lawyer:

Gary Browarski came to the aid of a vehicle stalled in traffic at a red light when a vehicle rear-ended his vehicle, which caused his vehicle to strike him. Browarski suffered a severe injury to the femoral artery, femoral vein and sciatic nerve of his left leg, requiring surgery and resulting in an infection and the development of Deep Vein Thrombosis in both legs and post-traumatic depression

Browarski filed a lawsuit against Country Preferred Insurance Company. The plaintiff contended the defendant was liable for the injuries and damages he sustained as a result of the collision. The defendant contested liability. It also claimed the plaintiff could have moved his vehicle to the shoulder and he failed to mitigate his damages.

A jury awarded the plaintiff damages in the total amount of $1,375,000.

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

Westlaw Citation:
2017 WL 5503348


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