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Case of the Month May 2025

Parties Reach $325K Settlement Following Rear-End MVA on Interstate 94 at Zoo Interchange in Milwaukee

Karleigh v. Kleehammer

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Rear-End
Vehicle Negligence - Interstate/Freeway
Vehicle Negligence - Excessive Speed
Vehicle Negligence - Inattention
Vehicle Negligence - Truck
Negligent Hiring & Supervision - Negligent Supervision
Negligent Hiring & Supervision - Negligent Hiring
Insurance - Automobile Policy
Vicarious Liability

Specific Liability:
Motorist's vehicle was struck in the rear by a pickup truck while traveling on the interstate

General Injury:
Injuries to lumbar region of spine, requiring lumbar discectomy and anterior lumbar interbody fusion

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

Related Court Documents:
Plaintiff's complaint: 2021 WL 12251815
Plaintiff's pretrial report: 2023 WL 11054062
Stipulation for distibution of settlement proceeds and dismissal: 2023 WL 11054064

Case Name:
Karleigh v. Kleehammer et al.

Docket/File Number:
2021-CV-000619

Result Amount:
$325,000

Result Date:
November 15, 2023

Judge:
Thomas J. McAdams

Attorneys:
Plaintiff (Karleigh): Michael L. Laufenberg, Keberle & Laufenberg LLP, West Bend, WI; David Lisco, Germantown, WI
Plaintiff (Liberty Mutual): Tamara A. DeGroot, Law Offices of John C. Syverson, Milwaukee, WI; Steven T. Elmer, Law Offices of John C. Syverson, Milwaukee, WI; Peggy E. Van Horn, Law Offices of John C. Syverson, Milwaukee, WI
Defendants (Kleehammer, Wakke LLC and Auto-Owners Ins.): James C. Ratzel, Ratzel & Associates LLC, Brookfield, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$103,000 to plaintiff for damages
$110,000 to involuntary plaintiff Liberty Mutual Insurance Company for reimbursement of workers' compensation benefits
$112,000 to plaintiff's counsel for attorney fees and costs

Summary of Facts:
Plaintiff Anthony Karleigh was reportedly driving a vehicle on the interstate when he was required to slow down due to traffic. The plaintiff said that when he slowed, his vehicle was struck in the rear by a pickup truck operated by defendant Chase Kleehammer, allegedly owned by Kleehammer's reported employer, defendant Wakke LLC, doing business as Critter Control of Southern Wisconsin, and insured by defendant Auto-Owners Insurance Company.

The plaintiff claimed that he suffered personal injuries due to the collision, which included injuries to his lower back and/or the lumbar region of his spine, which required him to undergo surgeries, namely a lumbar discectomy and a subsequent anterior lumbar interbody fusion.

The plaintiff asserted that Kleehammer's negligent driving, which included failing to maintain a proper lookout while driving on the interstate, failing to maintain proper control over his pickup truck, driving at an excessive speed and driving inattentively, caused the collision.

The plaintiff asserted that because Kleehammer was acting within the course and scope of his employment, Wakke LLC was vicariously liable for his negligence under the doctrine of respondeat superior.

The plaintiff also contended that Wakke LLC failed to properly hire qualified and trained drivers to operate its vehicles, failed to provide its employees with proper training, supervision and instruction and failed to implement policies and procedures for hiring and/or training safe drivers.

The plaintiff subsequently named his workers compensation benefits provider, Liberty Mutual Insurance Company, as an involuntary plaintiff in the lawsuit.

The defendants denied liability and disputed the nature and extent of the plaintiff's claimed injuries and damages, arguing that the plaintiff suffered from pre-existing medical conditions that were not caused by the accident.

The parties agreed to resolve the plaintiff's claims arising from the collision in exchange for the defendants' payment of $325,000, and sought court approval of the settlement.

The court approved the settlement terms.

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

Westlaw Citation:
2023 WL 11817902