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Case of the Month March 2015

Delivery Driver Assaults Store Owner

Sollman v. Ferguson

Case Type:
Intentional Torts - Assault
Vicarious Liability

Specific Liability:
Transportation Industry: Assault by Employee

General Injury:
Multiple Facial Fractures; Skull Fracture; Concussion; Fractures, Chips or Cracks of 2 or 3 Teeth

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

Related Court Documents:
Plaintiffs' complaint: 2010 WL 10960801
Defendants Nassco, Inc. and The Cincinnati Insurance Company's motion for summary judgment: 2011 WL 12609556
Verdict form: 2014 WL 7496583

Case Name:
Sollman v. Ferguson; Nassco, Inc.; The Cincinnati Insurance Company

Docket/File Number:
2010-CV-003885

Result Amount:
$182,696

Result Date:
July 30, 2014

Judge:
Gerald Ptacek

Attorneys:
Plaintiff: Michael J Piontek, Racine, WI
Defendant: Michael S. Murray, Kasdorf, Lewis & Swietlik, S.C., Milwaukee, WI
Defendant: Michael A. Snider, Kasdorf, Lewis & Swietlik, S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total Compensatory Award: $182,696

Summary of Facts:
Thomas Sollman, an adult male, claimed he suffered skull fracture, concussion, nasal bone fracture, orbital bone fracture and two chipped teeth when defendant James Ferguson, a delivery driver for defendant Nassco, Inc., insured by defendant The Cincinnati Insurance Co., punched him in the face severally times, causing Sollman to fall to the ground. The plaintiff contended Ferguson became argumentative during a dispute about the adequacy of a product being delivered. The plaintiff also contended Nassco, Inc. was vicariously liable. Defendants Nassco, Inc. and The Cincinnati Insurance Co. denied liability and contended Ferguson acted outside the scope of his authority and he was a temporary employee hired from a staffing company, which it relied upon to conduct background check on employees. A jury determined Ferguson was acting within his scope of employment for Nassco, Inc. at the time of the incident. The parties later reached a settlement in the amount of $182,696.

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

Westlaw Citation:
2014 WL 7503598