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Case of the Month August 2020
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Case of the Month August 2020

Freeway Ramp MVA

Sweeney v. Rose III

Case Type:
Vehicle Negligence - Controlled Intersection
Vehicle Negligence - Defendant Facing Signal Light


Specific Liability:
Plaintiff contended that the defendant failed to yield the right-of-way

General Injury:
Left shoulder impingement, biceps tenosynovitis, and a superior SLAP tear type I, requiring surgery and resulting in a permanent injury

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Related Court Documents:
Plaintiffs' complaint: 2017 WL 11491911
Plaintiffs' offer of settlement: 2019 WL 7630397
Defendants' pretrial report: 2019 WL 10335592
Verdict form: 2019 WL 7630382

Case Name:
Sweeney v. Rose III; Allstate Property and Casualty Insurance Company

Docket/File Number:
2017-CV-002130

Result Amount:
$119,856


Result Date:
November 14, 2019

Judge:
Michael O. Bohren

Attorneys:
Plaintiff: Robert B. Erdmann, Erdmann Law Offices S.C., West Allis, WI
Defendant: Phillip Tallmadge, Brookfield, WI

Result Type:
Jury

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$119,856
Compensatory Pain & Suffering: $20,000
Compensatory Past Medical: $91,193
Compensatory Past Wages: $3,663
Total Compensatory Award: $114,856
Loss of Services: $5,000
Loss of Services by Spouse: Yes
Final Demand: $160,000
Comparative Negligence Percentage: 0


Summary of Facts:
Kevin Sweeney, an adult male, reportedly suffered a left shoulder impingement, biceps tenosynovitis, and a superior SLAP tear type I, requiring surgery and resulting in a permanent injury, as a result of an automobile collision in which his vehicle, entering a controlled intersection while attempting to enter a freeway ramp, was struck on the front end by a vehicle operated by defendant Kenneth Rose II, who was attempting a left turn. The plaintiff contended that the defendant failed to yield the right-of-way. The defendant denied liability and claimed that he entered the intersection on a green light.

Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Westlaw Citation:
2019 WL 7631730


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