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Case of the Month January 2023

Jury Awards Plaintiff $25K Following Rear-End MVA at Intersection in Sturtevant

Rushing v. State Farm Mutual Automobile Insurance Co.

Case Type:
Vehicle Negligence - Rear-End Collision

Specific Liability:
Defendant failed to stop for traffic and rear-ended plaintiff who was stopped and waiting to make a right turn

General Injury:
Bilateral Carpal Tunnel; Post-concussion Syndrome

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

Related Court Documents:
Plaintiff's complaint: 2018 WL 11455090
Special verdict form: 2022 WL 8255386

Case Name:
Rushing v. State Farm Mutual Automobile Insurance Co.; Heck

Docket/File Number:
2018-CV-001342

Result Amount:
$25,000

Result Date:
January 28, 2022

Judge:
Eugene A. Gasiorkiewicz

Attorneys:
Plaintiff: John J. Hansen, Gruber Law Offices L.L.C., Milwaukee, WI
Defendant: Gino M. Alia, Alia, DuMez, Dunn & McTernan, S.C., Kenosha, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not Reported
Defendant: Orthopedic Surgeon: Grindel, Steven, M.D., Milwaukee, WI

Breakdown of Award:
Compensatory Pain & Suffering: $10,000
Compensatory Past Medical: $15,000
Total Compensatory Award: $25,000
Comparative Negligence Percentage: 0

Summary of Facts:
Plaintiff Patti Rushing, 53, claimed to suffer bilateral carpal tunnel syndrome, requiring surgery, post-concussion syndrome, and cervical strain when her vehicle, stopped and waiting for traffic to clear to make a right turn at an intersection, was rear-ended by a vehicle driven by defendant Cheryl Heck and insured by defendant State Farm Mut. Auto. Ins. Co. The plaintiff alleged that Heck was negligent in failing to stop for traffic, resulting in her permanent injuries and damages. The defendants argued that the plaintiff's carpal tunnel syndrome was a degenerative condition and unrelated to the subject accident and disputed that she sustained any permanent injuries.

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

Westlaw Citation:
2022 WL 14640041