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Case of the Month February 2024

Plaintiffs Recover $780K Following Highway Construction Zone MVA in Waukesha County

O'Neill et al. v. Thomas et al.

Case Type:
Vehicle Negligence - Pedestrian; Interstate/Freeway; Excessive Speed; Inattention
Insurance • Automobile Policy

Specific Liability:
Highway worker was struck by a vehicle while working in a construction zone

General Injury:
Injuries to ribs, right shoulder and right elbow; psychological distress and/or post-traumatic stress disorder (PTSD)

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Related Court Documents:
Plaintiffs' complaint: 2020 WL 13692971
Defendants' memorandum of law in support of motoin for partial summary judgment: 2022 WL 19519206
Parties' petition for approval of third party distibution: 2022 WL 19519205
Order for approval of third party distribution 2022 WL 19559403

Case Name:
O'Neill v. Thomas

Docket/File Number:
2020-CV-001441

Result Amount:
Plaintiffs, $780,000

Result Date:
February 08, 2023

Judge:
Michael P. Maxwell

Attorneys:
Plaintiffs: Peter A. Stanford, Stanford Law Offices SC, Milwaukee, WI
Defendants: John M. Swietlik Jr., Kasdorf, Lewis & Swietlik SC, Milwaukee, WI; Jonathan L. Ficke, Kasdorf, Lewis & Swietlik SC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$85,800 to plaintiff Diane O'Neill for loss of consortium damages
$151,484 to plaintiff Michael O'Neill for damages
$161,699 to involuntary plaintiff Waukesha County for reimbursement of sums paid on behalf of plaintiff Michael O'Neill
$141,270 to plaintiff Michael O'Neill for a cushion or credit against any additional worker's compensation benefits
$239,747 to plaintiffs' counsel for attorney fees and costs

Summary of Facts:
Plaintiff Michael O'Neill was reportedly employed a highway worker in Waukesha County, Wis. The plaintiff said when he was working in a highway construction zone, he was struck by a vehicle operated by defendant Elnetta Thomas and insured by defendant Allstate Property and Casualty Insurance Company.

The plaintiff reportedly suffered personal injuries due to the collision, which included injuries to his ribs, right shoulder and right elbow, as well as psychological distress and/or post-traumatic stress disorder (PTSD).

Plaintiff Michael O'Neill and his wife, plaintiff Diane O'Neill, asserted Thomas's negligent driving, which included failing to maintain a proper lookout, failing to keep her vehicle in her proper travel lane on the highway, driving at an excessive speed and driving inattentively, caused the collision.

The parties agreed to resolve the plaintiffs' claims arising from the accident for $780,000, with Michael O'Neill recovering $694,200 for his claims and Diane O'Neill recovering $85,800 for her loss of consortium claim.

The parties sought court approval of the settlement and the court approved the settlement terms.

Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Westlaw Citation:
2023 WL 4876390