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Case of the Month July 2018
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Case of the Month July 2018

I-94 Rear-Ender Results in $525K Settlement

Laubenheimer v. American Family Mut. Ins.

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Rear-End
Vehicle Negligence - Interstate/Freeway
Vehicle Negligence - Inattention

Specific Liability:
Negligent driving on interstate resulted in rear-end collision

General Injury:
Back; medical expenses; lost earnings

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

Related Court Documents:
Plaintiff's amended complaint: 2016 WL 11095790
Plaintiff's pretrial report: 2017 WL 8787872
Order for distribution of settlement proceeds: 2017 WL 8793362



Case Name:
Dale D. Laubenheimer v. American Family Mutual Insurance Company, Cathy E. Axberg

Docket/File Number:
2016-CV-000740

Result Amount:
$525,000


Result Date:
December 21, 2017

Judge:
John J. DiMotto

Attorneys:
Plaintiff: Thomas A. Perlberg, Hupy and Abraham S.C., Milwaukee, WI
Defendants: Janet E. Cain, Peterson, Johnson & Murray S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$106,779.85 to plaintiff
$213,559.71 to SFM Mutual Insurance Company
$179,660.44 to plaintiff's attorney

Summary of Facts:
Dale Laubenheimer was operating a vehicle east on Interstate 94, at or near the intersection with South 100/South 108th Street exit, when the vehicle was struck from the rear by a vehicle allegedly operated by Cathy Axberg at about 40 - 50 miles per hour. Laubenheimer allegedly sustained a lower back injury as a result of the collision.

Axberg was insured by American Family Mutual Insurance Company.

Laubenheimer filed a lawsuit against American Family and Axberg. The plaintiff alleged Axberg was negligent in the operation of her vehicle, which was the cause of the collision. He also claimed Axberg was cited for inattentive driving. Laubenheimer sought compensation for his bodily injury, medical expenses, loss of earnings, pain and emotional distress.

The parties reached a settlement in the amount of $525,000.

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

Westlaw Citation:
2017 WL 9248837


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