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Case of the Month August 2018
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Case of the Month August 2018

Fatal MVA Settles for $2.4M

Johnson v. State Farm Mutual Automobile Insurance Company

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Multiple Vehicles
Vehicle Negligence - Excessive Speed


Specific Liability:
Defendant was driving while intoxicated and racing with another vehicle

General Injury:
Death

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

Related Court Documents:
Plaintiff's complaint: 2017 WL 9473556
Order for court approval of minor settlement: 2018 WL 2389458



Case Name:
Johnson, Estate of v. State Farm Mutual Automobile Insurance Compnay; Larson; Bergerson

Docket/File Number:
2017-CV-005689

Result Amount:
$2,430,000


Result Date:
February 21, 2018

Judge:
Clare L. Fiorenza

Attorneys:
Plaintiff: Robert A. Levine, Law Offices of Robert A. Levine, Milwaukee, WI
Plaintiff: Jonathan J. Cattey, Law Offices of Robert A. Levine, Milwaukee, WI
Defendant: None mentioned

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total Compensatory Award: $2,430,000
The decedent's minor children received a total of $1.4 million from the settlement and his spouse received $422,500.

Summary of Facts:
This wrongful death action was brought when Wendell Johnson, an adult male passenger in an Uber vehicle exiting a parking lot, was killed when the vehicle was struck by a vehicle operated by defendant Joshua Larson and insured by defendant State Farm Mutual Automobile Insurance Company, which allegedly had been racing with a vehicle operated by defendant John Bergerson and insured by defendant State Farm Mutual Automobile Insurance Company. The plaintiff's estate contended defendant Larson was intoxicated at the time of the collision and both defendants were driving at an excessive rate of speed. The parties reached a settlement in the amount of $2,430,000. The decedent was survived by his spouse and two minor children. The decedent's minor children received a total of $1.4 million from the settlement and his spouse received $422,500.

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

Westlaw Citation:
2018 WL 2560986


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