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Case of the Month February 2020

Intersection MVA Returns $65K

Vollmer v. Allstate

Case Type:
Vehicle Negligence - Controlled Intersection
Vehicle Negligence - Stop Sign

Specific Liability:
Defendant negligently operated his vehicle by failing to yield the right-of-way

General Injury:
Headaches; right anterior labrum tear, right superior labral laxity, and a neck injury

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

Related Court Documents:
Plaintiff's complaint: 2018 WL 10140091
Defendants' pretrial report: 2019 WL 6791292
Offer of judgment: 2019 WL 6791294
Plaintiff's notice of acceptance of offer of judgment 2019 WL 6791341

Case Name:
Vollmer v. Allstate Property & Casualty Insurance Company; Gustafson

Docket/File Number:
2018-CV-000120

Result Amount:
$65,000

Result Date:
June 13, 2019

Judge:
Mitchell J. Metropulos

Attorneys:
Plaintiff: Craig A. Christensen, Habush Habush & Rottier S.C., Appleton, WI
Defendant: John M. Swietlik Jr., Kasdorf, Lewis & Swietlik S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported.
Defendant: Orthopedic Surgeon: Summerville, Bruce, M.D., Schofield, WI

Breakdown of Award:
Total Compensatory Award: $65,000

Summary of Facts:
Jessica L. Vollmer, an adult woman, claimed she suffered a right anterior labrum tear, right superior labral laxity, and a neck injury resulting in lack of mobility, headaches and ear pain when, as she was driving north through an intersection, defendant Jay K. Gustafson pulled out from a stop sign and his westbound vehicle struck the plaintiff's vehicle; Gustafson was insured by defendant Allstate Property & Casualty Insurance Company. The plaintiff contended defendant Gustafson negligently operated his vehicle by failing to yield the right-of-way to her vehicle. Defendant Gustafson admitted liability but the defendants disputed causation as well as the nature and extent of the plaintiff's claimed injuries and damages; specifically, the defendants contended the plaintiff suffered only a neck and right shoulder strain in the collision and that she should have been back to baseline by approximately one month after the date of the incident.

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

Westlaw Citation:
2019 WL 7134332