West's Jury Verdicts - Wisconsin Reports

Benefits to State Bar of Wisconsin Members	Case Highlights & Features	Publicize Your Case Results
As a service to its members, the State Bar of Wisconsin has entered into an alliance agreement with West, a Thomson Reuters business, to provide award information on Wisconsin civil jury trials, bench trials, settlements, and arbitrations. State Bar members can: Request a full case summary, free of charge Submit their own case results for online publication in Westlaw's® West's Jury Verdicts Wisconsin Reports, free of charge Order a paid online subscription to Westlaw's® West's Jury Verdicts - Wisconsin Reports Contact West: west.juryverdicts@thomsonreuters.com or 800-689-9378 For State Bar members submitting their own results for publication, West will: Send each submitter a pdf of his/her published case as it appears online in Westlaw's® West's Jury Verdicts - Wisconsin Reports, free of charge Consider highlighting and/or featuring the case in our semi-monthly "West's Jury Verdicts" article in InsideTrack, and on this web site.	*State Bar of Wisconsin's InsideTrack* Web Site Highlights - Our attorney editors select 6 cases to highlight in the State Bar of Wisconsin's semi-monthly "InsideTrack" web site in concise one-paragaph format from the many Wisconsin cases we publish each month in full summary format. This Web Site Case of the Month - Our attorney editors also select one case to feature in its entirety in its full summary format. dec Case of the Month February 2023** See below	Would you like West to consider featuring or highlighting your case? » Online Submission Form
		Westlaw Litigator
		Your key resource for every phase of litigation » Learn More
		Recommend Another State Bar
		Would you like West to provide similar content for another State Bar? » Contact Us

Case of the Month February 2023

Headline Plaintiff Recovers $200K Following Accident at Construction Job Site in Sturtevant

Aiston v. Acuity, a Mutual Insurance Company

Case Type:
Work Site Injury - Pedestrian

Specific Liability:
A field engineer was struck and knocked down by a front-end loader at a work site

General Injury:
Rotator Cuff; Dislocation: Shoulder; Lumbar Strain

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

Related Court Documents:
Plaintiff's complaint: 2020 WL 13569380
Stipulated petition for approval of settlement and distribution of proceeds: 2021 WL 9569789
Order for approval of settlement and distribution of proceeds: 2022 WL 10224912

Case Name:
Aiston v. Acuity, A Mutual Insurance Co.; DK Contractors Inc.; Merry

Docket/File Number:
2020-CV-001359

Result Amount:
$200,000

Result Date:
January 03, 2022

Judge:
Jon E. Fredrickson

Attorneys:
Plaintiff: Kaivon Yazdani, Gruber Law Offices L.L.C., Milwaukee, WI
Defendant: Thomas J. Binder, Simpson & Deardorff SC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
Total Compensatory Award: $200,000
Comparative Negligence Percentage: 0

Summary of Facts:
Plaintiff Patrick Aiston, a 37-year-old field engineer, claimed to suffer a right shoulder contusion with strain of the rotator cuff, labral tear and dislocation, lumbar contusion and strain, left upper arm and shoulder contusion, and left lower extremity contusion and strain when, as he walked through a construction site towards his vehicle, he was struck and knocked down by a front-end loader operated by defendant Vincent Merry with the permission of defendant DK Contractors Inc., insured by defendant Acuity, A Mutual Insurance Co. The plaintiff alleged that Merry was negligent during the course and scope of his employment with DK Contractors Inc. by failing to maintain a proper lookout and failing to control the machinery he was operating, and Acuity, A Mutual Insurance Co. was responsible for covering his damages. The defendants disputed the nature and extent of the plaintiff's claimed injuries.

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

Westlaw Citation:
2022 WL 17961166