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Chris Benson defended the insured in a personal injury lawsuit arising out of a car accident. The insured hit the plaintiffs' (husband and wife) vehicle, left the scene of the accident and was then chased by the plaintiffs. The plaintiffs came across two officers and told them that the insured had hit them. The officers eventually caught up to the insured. The insured was convicted of his 4th DUI with a BAC of more than four times the legal limit, 0.36.
The plaintiffs suffered soft tissue injuries and the defendants stipulated to medical bills of $5,770 for the wife and $3,411 for the husband and admitted his wage loss of $477. The wife also made a wage loss claim, but there was no stipulation on that amount. The plaintiffs’ also brought a claim for punitive damages. The defendants brought a motion to bifurcate the trial of the punitive damages from the compensatory damages, but the Dane County court denied the motion.
At trial, the plaintiffs were clearly more focused on the punitive portion of the case, as they were unprepared to discuss their treatment and injuries. Even though the defendants were not disputing fault or the fact that the insured was intoxicated, the plaintiffs’ main witnesses were the two police officers and a toxicologist. The toxicologist’s testimony was that the BAC was probably closer to 0.38 at the time of the accident.
The jury clearly listened to Attorney Benson’s arguments and the actual evidence rather than allowing emotions to affect the awards. Each of the plaintiffs received $500 in pain and suffering and the jury did not award the wife’s wage loss.
With regard to punitive damages, the jury determined that the insured did not intentionally disregard the rights of the plaintiffs. Therefore, the plaintiffs were not entitled to punitive damages. The defendants had served formal offers of settlement to the plaintiffs in the amount of $16,000 and $9,000. Thus, the defendants were entitled to subtract costs from the awards.
Steven Snedeker defended a college student in an auto versus bicycle accident that occurred in Madison. The plaintiff and his friend were riding their bicycles in February at about 10 p.m. returning from the library and headed to their dorm. The plaintiff did not have a headlamp on his bicycle. The insured was stopped in the intersection waiting to make a left hand turn. The light turned yellow and the insured was waved through by the oncoming car. The insured still paused and made sure that the intersection was clear of pedestrians before proceeding.
The evidence was that the insured may not have completed her turn in the proper lane and she did not see the plaintiff or his friend prior to the accident. There was also evidence that the plaintiff darted out from behind the vehicle driven by the person who waved. The plaintiff was also riding a “track” bike which does not have the ability to free wheel (if the wheel is rolling, the pedals also have to move) and which only had a front brake. The plaintiff struck the rear of the auto as it was almost clear of the intersection. The injuries were a punctured lung and fractured clavicle. The clavicle healed with a step-off deformity, the bone protruded approximately 3/4 of an inch. The parties reached a stipulation as to past medical expenses of $18,242.42. The plaintiff also had a report of a surgeon supporting a claim for a future surgical correction of the deformity at the cost of $32,000. The defense IME agreed with the surgical assessment. The plaintiff who took two years off after receiving his bachelor’s degree and before starting medical school had not undergone the surgery.
The jury found that the plaintiff was 90% at fault and the insured was 10% at fault. The jury showed its disdain for the plaintiff as it did not award the future medical expenses and awarded only $3,500 of past pain and suffering.
In another matter tried by Steven Snedeker, the plaintiff claimed to have suffered a herniated disc as a result of a car accident. He had incurred $45,000 in medical expenses and had submitted a report which outlined future medical expenses consisting of a lifetime of injections and physical therapy in the amount of $640,000. At mediation, the plaintiff was seeking the policy limits of $100,000 so he could make an underinsured motorist claim. The defendants filed a statutory offer of judgment in the amount of $68,000.
At trial, the defense admitted liability for turning left in front of the plaintiff. The IME doctor testified that the plaintiff had a prior history of radicular symptoms and that the accident was at most a temporary aggravation of the pre-existing degeneration. Despite medical records to the contrary, the plaintiff denied having any prior similar complaints. The plaintiff’s wife also denied that her husband had any prior complaints. In opening statement, the plaintiff emphasized the $640,000 claim for future medical expenses. However, the plaintiff’s doctor did not state his opinion on a portion of the future medical expenses to the required degree of certainty. In closing argument, the plaintiff’s counsel had a difficult time explaining the drastic, albeit still unrealistic, decrease in future medical expenses to $283,000.
The jury found the claims suspect. It awarded 1/3 of the medical expenses, $15,000. Past pain and suffering was set at $5,000 and it also awarded $1,200 of wage loss. The defendants were able to tax costs because the verdict was less than the statutory offer which further reduced the net award.