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Case of the Month June 2022

Minor Pedestrian Recovers $32.5K Following MVA Near Intersection in Janesville

White v. American Fam. Mut. Ins. Co.

Case Type:
Vehicle Negligence - Pedestrian
Vehicle Negligence - Intersection
Vehicle Negligence - Right-of-Way
Insurance - Automobile Policy

Specific Liability:
A minor pedestrian suffered personal injuries when she was struck by a vehicle near an intersection

General Injury:
Fractured pelvis that required surgery; concussion; abrasion to head and knees; medical expenses

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

Related Court Documents:
Plaintiffs' civil complaint: 2020 WL 13031104
Petition for order approving minor settlement: 2021 WL 7159852
Order approving minor settlement: 2021 WL 7162290

Case Name:
M.W., a minor, by her guardian ad litem, Zachary R. Zellner, and Fanita K. White, plaintiffs, and State of Wisconsin Department of Health Services and MercyCare Insurance Company, involuntary plaintiffs v. American Family Mutual Insurance Company, S.I. and Martha J. Mosley

Docket/File Number:
2020-CV-000201

Result Amount:
$32,500

Result Date:
September 29, 2021

Judge:
Daniel T. Dillon

Attorneys:
Plaintiffs: Zachary R. Zellner, Hupy & Abraham S.C., Madison, WI; Brandon D. Derry, Hupy & Abraham S.C., Madison, WI
Defendants: Megan L. McKenzie, Madison, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$10,101.16 to plaintiffs for payment of attorney fees, costs and disbursements on behalf of minor M.W.
$10,174.60 to plaintiffs for payment of a medical lien on behalf of minor M.W.
$882.56 to plaintiffs for payment to Fanita White for out-of-pocket expenses on behalf of minor M.W.
$11,341.68 to plaintiffs for deposit in a restricted account for minor M.W.'s future use and benefit

Summary of Facts:
M.W., a minor, was reportedly walking northbound on South Franklin Street near its intersection with West Court Street in Janesville, Wis. At the same time and near the same location, Martha Mosley was also allegedly driving her vehicle westbound on West Court Street.

According to Fanita White, M.W.'s mother, Mosley's vehicle struck M.W.

M.W. reportedly suffered personal injuries due to the collision, which included a fractured pelvis that required surgery to treat, a concussion and abrasions to her head and both knees.

M.W., by her guardian ad litem, Zachary Zellner, and White filed a lawsuit against Mosley and her reported insurance provider, American Family Mutual Insurance Company, S.I. The State of Wisconsin Department of Health Services and MercyCare Insurance Company were also named as involuntary plaintiffs in the lawsuit.

In their civil complaint filed in March 2020, the plaintiffs asserted that Mosley's negligence had caused the collision and M.W.'s resulting injuries and damages.

The plaintiffs sought damages for M.W.'s personal injuries, medical expenses, physical pain and suffering and emotional distress, together with costs and disbursements and attorney fees in the matter.

According to court documents, the parties were able to reach a settlement agreement, in which American Family Mutual Insurance agreed to pay the sum of $32,500 to the plaintiffs in exchange for settlement of M.W.'s claims asserted against it and Mosley.

In an order approving minor settlement dated Sept. 29, 2021, the court approved the parties' settlement agreement and entered judgment in the plaintiffs' favors on behalf of M.W. and against American Family Mutual Insurance in the total amount of $32,500.

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

Westlaw Citation:
2021 WL 7210746