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Case of the Month December 2020

Minor Passenger Suffers Paraplegia From MVA

G.V. v. Pope Transport Inc.

Case Type:
Vehicle Negligence - Truck Accident
Vehicle Negligence - Multiple Vehicle

Specific Liability:
Negligent hiring, training, supervision and retention

General Injury:
Paraplegia

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Second Judicial District, Walworth County.

Related Court Documents:
Plaintiff's complaint: 2019 WL 10856721
Order approving minor settlement: 2020 WL 6072877

Case Name:
G.V., Pro Ami v. Pope Transport Inc.; Morris; Acuity, a Mutual Insurance Company; Secura Suprem Insurance Company

Docket/File Number:
2019-CV-000303

Result Amount:
$2,000,000

Result Date:
April 14, 2020

Judge:
Daniel S. Johnson

Attorneys:
Plaintiff: Lisle W. Blackbourn, Godfrey, Liebsle, Blackbourn & Howarth S.C., Elkhorn, WI
Defendant: Stuart R. Deardorff, Simpson & Deardorff S.C., Milwaukee, WI
Defendant: Joseph M. Mirabella, Simpson & Deardorff S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
Total Compensatory Award: $2,000,000
Comparative Negligence Percentage: 0

Summary of Facts:
G.V., a 6-year-old female, claimed she suffered injuries that resulted in paraplegia when she was a passenger in her father's pick-up truck that was traveling southbound at an intersection, defendant Jerry Morris was driving northbound at the intersection in a semi-truck, owned by defendant Pope Transport Inc. (Pope) and insured by defendant Acuity, A Mutual Insurance Company, and a nonparty motorist was traveling eastbound at the intersection, failed to stop at a stop sign, resulting in a collision with all three vehicles. The plaintiff alleged Morris was negligent in the operation of the semi-truck and further alleged Pope was negligent in the hiring, training, supervision, and retention of Morris, and negligent in entrusting its vehicle to Morris. The plaintiff also contended she was entitled to a policy of liability insurance with underinsured motorist benefits that was issued by defendant Secura Supreme Insurance Company. The plaintiff claimed the defendants were liable for her damages. The defendants reportedly denied liability. The parties agreed to an initial settlement amount of $2,000,000 with the net proceeds paid into a WisPACT special needs trust.

Circuit Court of Wisconsin, Second Judicial District, Walworth County.

Westlaw Citation:
2020 WL 6161693