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Case of the Month February 2016
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Case of the Month February 2016

Defendant contended collision was unavoidable due to snowy roads

Pape v. Farmers Ins. Exch.

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Controlled Intersection


Specific Liability:
Defendant Facing Signal Light

General Injury:
Herniated Disc, Protruding Disc

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

Related Court Documents:
Plaintiff's amended complaint: 2014 WL 10786658
Plaintiff's pretrial report: 2015 WL 7889764
Defendants' pretrial report: 2015 WL 7889754
Stipulation and order for distribution of settlement proceeds: 2015 WL 7893619

Case Name:
Daniel B. Pape v. Farmers Insurance Exchange, Patrick W. Cowles, Health Care Service Corporation, a Mutual Legal Reserve Company d/b/a Blue Cross Blue Shield of Illinois, Zurich American Insurance Company, Veolia Water Milwaukee, LLC, UnitedHealthcare Insurance Company

Docket/File Number:
2011-CV-014549

Result Amount:
Plaintiff, $250,000


Result Date:
October 26, 2015

Judge:
John J. Di Motto

Attorneys:
Plaintiff: Evan N. Claditis, Hupy & Abraham S.C., Milwaukee, WI
Defendant: John R. Felton, Carroll & Cuthbert, Brookfield, WI
Defendant: Daniel S. Elger, Carroll & Cuthbert, Brookfield, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiff, $250,000
Total Compensatory Award: $250,000

Summary of Facts:
Daniel Pape, an adult male, claimed he suffered annular tears and small protrusions at L3-4 and L4-5, requiring surgery as a result of a motor vehicle collision in which his vehicle was struck by a vehicle allegedly operated by defendant Patrick Cowles and insured by defendant Farmers Insurance Exchange. The plaintiff alleged that Cowles negligently failed to stop for a traffic signal and failed to yield the right of way. The defendants contended it was snowing at the time of the collision and Cowles slid into the intersection as a result of slick roads, which was unavoidable.

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

Westlaw Citation:
2015 WL 8196852


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