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Case of the Month November 2020
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Case of the Month November 2020

Rear-End MVA Settles for $200K

Ortiz-Castro v. Gast

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Rear-End


Specific Liability:
Inattentive motorist rear-ended vehicle

General Injury:
Back and neck; medical expenses; lost wages

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Related Court Documents:
Plaintiff's complaint: 2018 WL 11198315
Offer of judgment: 2019 WL 10375551
Verdict form: 2019 WL 10375545

Case Name:
Osvaldo Ortiz-Castro v. Alexander J. Gast and American Family Mutual Insurance Company

Docket/File Number:
2018-CV-000528

Result Amount:
$200,000


Result Date:
January 15, 2020

Judge:
Sue E. Bischel

Attorneys:
Plaintiff: Dixon R. Gahnz, Lawton & Cates S.C., Madison, WI
Defendants: Erik J. Pless, Everson, Whitney, Everson & Brehm S.C., Green Bay, WI; Brian D. Anderson, Everson, Whitney, Everson & Brehm S.C., Green Bay, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$200,000 settlement

Summary of Facts:
Osvaldo Ortiz-Castro was operating a vehicle on Manitowoc Road when his vehicle was struck from the rear by a vehicle operated by Alexander Gast and insured by American Family Mutual Insurance Company. Ortiz-Castro allegedly sustained back and neck injuries as a result of the collision.

Ortiz-Castro filed a lawsuit against Gast and American Family. The plaintiff alleged Gast was inattentive and failed to maintain proper control of his vehicle. He sought compensation for his personal injuries, medical expenses, lost wages, pain and suffering, and emotional trauma.

The parties stipulated that Gast was solely at fault for the collision.

A jury awarded the plaintiff damages in the total amount of $180,000.

The parties agreed to settle for $200,000.

Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Westlaw Citation:
2020 WL 5646917


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