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Case of the Month January 2020

Motorist Fatally Strikes Bicyclist in Crosswalk

Estate of Zhu v. Hodgson

Case Type:
Vehicle Negligence - Bicycle
Vehicle Negligence - Intersection
Wrongful Death

Specific Liability:
Defendant allegedly failed to yield the right-of-way, failed to maintain a proper lookout, and operated his vehicle at a speed that was greater than reasonable.

General Injury:
Death

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Related Court Documents:
Plaintiffs' complaint: 2016 WL 11644326
Defendants' pretrial report: 2019 WL 6035929
Verdict form: 2019 WL 6035949

Case Name:
Zhu, Estate of v. Hodgson; IDS Property Casualty Insurance Company

Docket/File Number:
2016-CV-000567

Result Amount:
$15,136,507
Judge Reduced Award To: $5,486,506

Result Date:
June 06, 2019

Judge:
Valerie Bailey-Rihn

Attorneys:
Plaintiff: Clayton C. Griessmeyer, Law Office of Clayton Griessmeyer, Verona, WI
Defendant: Ward I. Richter, Bell, Moore & Richter S.C., Madison, WI
Defendant: David G. Ress, Bell, Moore & Richter S.C., Madison, WI

Result Type:
Jury

Experts:
Plaintiff: Emergency Medicine: Wojciehoski, Randal, Medical Topics Unlimited L.L.C., Stevens Point, WI
Plaintiff: Accident Reconstructionist: Scalia, Charles, P.E., Scalia Safety Engineering, Madison, WI
Plaintiff: Vocational Rehabilitation: Schutz, Kevin, Professional Rehabilitation Services ltd., Madison, WI
Defendant: Not Reported

Breakdown of Award:
Gross: $15,136,507
Judge Reduced Award To: $5,486,506
Compensatory Pain & Suffering: $5,000,000
Compensatory Past Medical: $127,178
Compensatory Other: $9,329
Total Compensatory Award: $5,136,507
Loss of Services: $10,000,000
Loss of Services by Parent: Yes
Comparative Negligence Percentage: 0
Number of Minor Children: 0
Number of Adult Children: 0

Summary of Facts:
This wrongful death action was brought when Emilly Zhu, an adult female, died after the bicycle she was riding, inside a marked crosswalk, was struck by a vehicle operated by defendant Brian Hodgson and insured by defendant IDS Property Casualty Insurance Company. The plaintiff estate contended that defendant Hodgson failed to yield the right-of-way, failed to maintain a proper lookout, and operated his vehicle at a speed that was greater than reasonable. The defendants denied liability. They claimed that the decedent followed a bicycle trail from a stand of trees and failed to stop for a stop sign on the path. The defendants also contended that the decedent failed to see the open and obvious approach of a vehicle. The decedent was survived by her parents. The court reduced the loss of society and companionship claim from $10 million to $350,000.

Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2019 WL 6117441