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Case of the Month March 2024

Jury Awards Plaintiff $122.5K Following Intersection MVA in Milwaukee

Kalman v. Artisan and Truckers Cas. Co. et al.

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Intersection
Vehicle Negligence - Stop Sign
Vehicle Negligence - Right-of-Way
Insurance - Automobile Policy
Insurance - Uninsured/Underinsured Motorist

Specific Liability:
Motorist's automobile was struck by another vehicle that disregarded on intersection stop sign

General Injury:
Injuries to forehead and knee; fractures to ribs and cervical region of spine, which resulted in right hand nerve dysfunction

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiff's amended complaint: 2020 WL 13923610
Plaintiff's pretrial report: 2022 WL 22260266
Special verdict: 2023 WL 9196500
Order for dismissal 2023 WL 9198233

Case Name:
Kalman v. Artisan & Truckers Casualty Co.

Docket/File Number:
2020-CV-006052

Result Amount:
$122,500

Result Date:
May 17, 2023

Judge:
Gwendolyn G. Connolly

Attorneys:
Plaintiff: Ronald Bornstein, Bornstein Law Offices SC, Milwaukee, WI
Defendants (State Farm and Darr): Daniel J. O'Brien, Halling & Cayo SC, Milwaukee, WI; Kenneth J. Baker, Halling & Cayo SC, Milwaukee, WI; Lisa L. Kritske, Halling & Cayo SC, Milwaukee, WI
Defendant (Artisan and Truckers Casualty): Jennifer L. Anderson, Kohn Law Firm SC, Milwaukee, WI; Kirk R. Emick, Kohn Law Firm SC, Milwaukee, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$122,500
$21,500 to plaintiff for past medical expenses
$34,000 to plaintiff for past pain, suffering and disability
$32,000 to plaintiff for future medical expenses
$35,000 to plaintiff for future pain, suffering and disability

Summary of Facts:
Plaintiff John Kalman was reportedly driving his automobile near intersection when it was struck by a vehicle operated by defendant Jacqueline Darr and insured by defendant State Farm Mutual Automobile Insurance Company.

The plaintiff said that he suffered personal injuries due to the collision, which included injuries to his forehead and knee, as well as fractures to his ribs and the cervical region of his spine, which reportedly caused him to suffer nerve dysfunction in his right hand.

At the time of the collision, the plaintiff was reportedly covered by an underinsured motorist policy issued by defendant Artisan and Truckers Casualty Company.

The plaintiff asserted that Darr's negligent driving, which included failing to yield the right-of-way at an intersection, disregarding a stop sign and failing to maintain control over her vehicle, caused the collision.

Darr and State Farm stipulated to liability for the accident but disputed the nature and extent of the plaintiff's claimed injuries and damages.

According to court documents, the plaintiff subsequently dismissed his underinsured motorist claim against Artisan and Truckers Casualty.

Following a jury trial, jurors awarded the plaintiff $122,500.

According to the electronic court docket, the parties subsequently entered into a stipulation of dismissal of the plaintiff's claims against the defendants.

Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2023 WL 9378717