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Case of the Month July 2017
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Case of the Month July 2017

Neglgient U-turn Results in Fatal MVA

Bate v. Westfield Insurance Company

Case Type:
Vehicle Negligence - Truck Accident
Vehicle Negligence - Tractor-Trailer v. Tractor-Trailerbr> Vehicle Negligence - U-Turn
Wrongful Death - Adult

Specific Liability:
Negligent U-turn

General Injury:
Death

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Related Court Documents:
Plaintiff's complaint: 2016 WL 8970498
Petition and order approving settlement: 2016 WL 8970499

Case Name:
Bate, Estate of v. Westfield Insurance Company; Diamond Coring Company, Inc.; Cappello; Michels Corporation

Docket/File Number:
2016-CV-000824

Result Amount:
$1,000,000


Result Date:
October 12, 2016

Judge:
Mitchell Metropulos

Attorneys:
Plaintiff: Joseph M. Troy, Habush Habush & Rottier S.C., Appleton, WI
Plaintiff: Craig A. Christensen, Habush Habush & Rottier S.C., Appleton, WI
Defendant: None mentioned

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$1,000,000

Summary of Facts:
This wrongful death action was brought when Charles Bate, adult male motorist, was reportedly operating a tractor trailer on a highway when a semi-tractor operated by defendant Anthony Cappello, operated in the course of his employment with defendant Diamond Coring Company, Inc. and insured by defendant Westfield Insurance Company, made an illegal U-turn at a construction site managed by defendant Michels Corporation, and collided with his semi-tractor trailer, which caused him to suffer fatal injuries. The plaintiff estate contended defendant Cappello was encouraged to make this type of U-turn by defendant Diamond Coring, and defendant Michels Corporation failed to communicate and enforce the law concerning the use of Cross-over U-turns. The decedent was survived by his spouse. The plaintiff received $678,299.45 from the $1 million settlement.

Court: Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Westlaw Citation:
2016 WL 9022524


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