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Case of the Month October 2015
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Case of the Month October 2015

Motorist Strikes Cow; Minor Passenger Receives $3.1K

Souravong v. Groth

Case Type:
Vehicle Negligence - Animal Collision
Vehicle Negligence - Passenger
Vehicle Negligence - Sole Vehicle
Vehicle Negligence - Inattention
Insurance - Automobile Policy

Specific Liability:
Negligent driving and failure to adequately control livestock caused vehicle to strike cow, causing injuries to passenegers

General Injury:
Unspecified personal injuries; medical expenses

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

Related Court Documents:
Plaintiffs' complaint: 2013 WL 10916862
Plaintiffs' petrial report: 2014 WL 10216933
Defendants Groth and Theresa Mutual Insurance Company's pretrial report: 2014 WL 10216930
Verdict form: 2015 WL 4766426
Order approving minor settlement 2015 WL 4877022

Case Name:
Angkhana Souravong, R.S., a minor by her Guardian ad Litem Jacob L. Schrinsky, Amkha Souravong, and Thin Souravong, plaintiffs, State of Wisconsin - Department of Health Services, and Independent Care health Plan, involuntary plaintiuffs v. David M. Groth, Theresa Mutual Insurance Company, Phon Ratsimevang, and Progressive Direct Ins. Co.

Docket/File Number:
2013-CV-005024

Result Amount:
Plaintiff R.S., $3,100


Result Date:
June 22, 2015

Judge:
Daniel A. Noonan

Attorneys:
Plaintiffs: Jacob L. Schrinsky, Jacobson, Schrinsky & Houck S.C., Milwaukee, WI
Defendants (Groth, and Theresa Mutual Insurance Company): Bradley W. Matthiesen, Matthiesen, Wickert & Lehrer S.C., Hartford, WI
Defendants (Progressive Driect Insurance Company, and Ratsimevang): Thomas T. Calkins, Law Offices of Booth & Calkins, Greenfield, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiff R.S., $3,100
$454.94 to be placed in an account for the benefit of R.S upon reaching the age of 18
$1,396.62 for the satisfaction of liens
$454.94 to plaintiffs' attorney for fees
$793.50 to plaintiffs' attorney for costs


Summary of Facts:
Phon Ratsimevang was reportedly operating a vehicle on Town Hall Road with Angkhana Souravong, minor R.S., Amkha Souravong and Thin Souravong as passengers, when their vehicle struck a cow owned by David Groth. The passengers allegedly sustained unspecified personal injuries as a result of the collision.
Angkhana Souravong, minor R.S., by her Guardian ad Litem Jacob Schrinsky, Amkha Souravong and Thin Souravong filed a lawsuit against Groth, his insurer Theresa Mutual Insurance Company, Ratsimevang, and his insurer Progressive Direct Ins. Co. The plaintiffs alleged Ratsimevang was negligent in failing to maintain a proper lookout, and failing to maintain control of his vehicle. They also contended Groth was negligent in failing to properly restrain or oversee his livestock, and failing to warn of the escaped steer. The plaintiffs sought compensation for their bodily injuries, emotional distress, pain, medical expenses and inability to engage in their normal activities for a period of time.
Groth and Theresa Mutual Insurance Company contended Groth immediately attempted to corral the cattle as soon as he learned of the escape. They also asserted Ratsimevang struck a cow lying in the road even though someone was waving a flashlight and three vehicles were parked on the side of the road with their hazard lights flashing.
Groh and Theresa Mutual Insurance Company made a settlement offer to Angkhana Souravong in the amount of $5,000.
A jury determined Groth was not negligent in failing to restrain or control his cow.
The parties reached a settlement with R.S. in the amount of $3,100.

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

Westlaw Citation:
2015 WL 4999884


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