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Case of the Month July 2022

Jury Declines to Award Motorcyclist Damages Following Intersection MVA in Racine County

Gervais v. Townsend, et al.

Case Type:
Vehicle Negligence - Motorcycle
Vehicle Negligence - Intersection
Vehicle Negligence - Right Turn
Vehicle Negligence - Centerline Violation
Vehicle Negligence - Inattention

Specific Liability:
Motorcyclist struck motorist's vehicle after motorist crossed the centerline when attempting to execute a wide right turn at an intersection

General Injury:
Injuries to leg, feet, ribs and back; road rash on left leg

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

Related Court Documents:
Plaintiff's complaint: 2020 WL 13282165
Plaintiff's amended pretrial conference report: 2021 WL 8444400
Defendants' pretrial report: 2021 WL 8444398
Verdict form 2021 WL 8444519

Case Name:
Gervais v. Townsend, State Farm Mutual Automobile Insurance Compnay

Docket/File Number:
2020-CV-000404

Result Amount:
$0

Result Date:
August 23, 2021

Judge:
Chad G. Kerkman

Attorneys:
Plaintiff: James M. Payne, Rizzo & Diersen S.C., Kenosha, WI
Defendant: Joseph M. Ryan, Ryan Law Firm L.L.C., Brookfield, WI

Result Type:
Jury

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$0

Summary of Facts:
Plaintiff Zachary Gervais, an adult male, said he was driving his motorcycle near an intersection when a vehicle operated by defendant Douglas Townsend and insured by defendant State Farm Mutual Automobile Insurance Company disregarded a stop sign and executed a wide right turn.
The plaintiff said because Townsend's vehicle crossed over the centerline and was approaching his motorcycle, the plaintiff slid his motorcycle to the ground. The plaintiff's motorcycle ultimately collided with the front of Townsend's vehicle.
The plaintiff claimed he suffered personal injuries due to the impact, which included injuries to his leg, feet, ribs and back, as well as road rash on his right leg, which caused him to incur medical expenses and lost wages.
In a complaint, the plaintiff asserted Townsend's negligent driving, which included failing to stay within his travel lane while turning at an intersection and driving inattentively, caused the collision.
The defendant denied liability and contended the plaintiff's own negligence caused the accident. The defendant also disputed the nature and extent of the plaintiff's claimed injuries and damages.

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

Westlaw Citation:
2021 WL 8531302