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Case of the Month December 2019
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Case of the Month December 2019

Jury Awards $420K in UIM Benefits

Fakler v. McMahon

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Rear-End
Vehicle Negligence - Passenger
Vehicle Negligence - Interstate/Freeway
Insurance - Automobile Policy
Insurance - Uninsured/Underinsured Motorist

Specific Liability:
Motorists followed too closely, resulting in separate rear-rend collisions

General Injury:
Back, right arm and right shoulder; medical expenses

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

Related Court Documents:
Plaintiff's complaint: 2017 WL 11450349
Plaintiff's pretrial report: 2018 WL 9869913
Pretrial report: 2018 WL 9869911
Verdict form 2019 WL 5394958

Case Name:
Christine Fakler v. Paige McMahon, Todd McMahon, Acuity, A Mutual Insurance Company, American Family Mutual Insurance Company (Underinsured Motorist), American Family Mutual Insurance Company (Subrogation), and Milwaukee Carpenters' District Counsel Health Fund

Docket/File Number:
2017-CV-003701

Result Amount:
$420,578


Result Date:
March 05, 2019

Judge:
Ellen R. Brostrom

Attorneys:
Plaintiff: Louis E. Baureis, Gendlin, Liverman & Rymer S.C., Milwaukee, WI
Defendant (American Family Mutual Insurance Company): James C. Ratzel, Ratzel, Pytlik & Pezze L.L.C., Brookfield, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$70,578.37 to plaintiff for past medical and hospital expenses
$150,000.00 to plaintiff for past pain, suffering, disfigurement & disability
$200,000.00 to plaintiff for future pain, suffering, disfigurement & disability

Summary of Facts:
Christine Fakler was operating a vehicle on South 108th Street Jan. 19, 2015 when she came to a stop for a red light at the intersection with West Grange Avenue. Her vehicle was then struck from the rear by a vehicle operated by Paige McMahon. Fakler allegedly sustained back, right arm and right shoulder injuries as a result of the collision.

Fakler was a passenger in a vehicle traveling interstate 43 May 10, 2016, when it was rear-ended by an uninsured motorist. The collision allegedly caused her to sustain unspecified personal injuries and aggravated pre-existing conditions.

Paige McMahon was operating a vehicle insured by Acuity, A Mutual Insurance Company, and Fakler was insured by American Family Mutual Insurance Company.

Fakler filed a lawsuit against Paige McMahon, her father Todd McMahon, Acuity, and American Family. The plaintiff alleged Paige McMahon and the uninsured motorist followed to close, failed to keep a proper lookout, and were inattentive. She sought compensation for her bodily injuries, medical expenses, pain, anguish, suffering, disability and mental distress. Fakler also sought uninsured motorist benefits from American Family.

Fakler reached a settlement with the McMahons and Acuity prior to trial.

A jury awarded the plaintiff damages in the total amount of $420,578.37 from American Family.

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

Westlaw Citation:
2019 WL 5446277


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