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Case of the Month July 2021
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Case of the Month July 2021

Defendant Minor Falls Aleep While Driving

Chin v. State Farm

Case Type:
Vehicle Negligence - Head-On Collision
Vehicle Negligence - Crossed Centerline

Specific Liability:
Defendant fell asleep while driving

General Injury:
Brain Damage; Humerus Fracture

State: Wisconsin
Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Case Name:
Chin v. State Farm Mutual Automobile Insurance Company; J.P.G., Pro Ami

Docket/File Number:

Result Amount:

Result Date:
February 11, 2021

Stephen E. Ehlke

Plaintiff: Eric J. Ryberg, Habush Habush & Rottier S.C., Madison, WI
Plaintiff: David S. Blinka, Habush Habush & Rottier S.C., Milwaukee, WI
Defendant: Andrew B. Hebl, Boardman & Clark L.L.P., Madison, WI
Defendant: Evan B. Tenebruso, Boardman & Clark L.L.P., Madison, WI

Result Type:

Plaintiff: Orthopedic Surgeon: Lang, Gerald, M.D., Univ. of WI Hospital & Clinics, Madison, WI
Plaintiff: Vocational Rehabilitation: Schutz, Kevin, M.S., Professional Rehabilitation Services Ltd., Madison, WI
Plaintiff: Neuropsychologist: Mickey, Donald, Ph.D., Madison, WI
Defendant: Not Reported

Breakdown of Award:
Total Compensatory Award: $975,000
Comparative Negligence Percentage: 0

Summary of Facts:
Christopher Chin, an adult male, claimed he suffered a traumatic brain injury, requiring hospitalization and rehabilitation, and a right humeral shaft fracture, requiring surgery, as a result of an automobile collision in which a vehicle operated in the opposite direction by J.P.G., a minor, and insured by defendant State Farm Mutual Automobile Insurance Company, crossed the center line and struck the front end of his vehicle. The plaintiff contended that the defendant fell asleep while driving.

Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2021 WL 2071243

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