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Case of the Month December 2021

Jury Awards Motorist $36.7K Following MVA on Wilmot Road in Kenosha County

Ring v. Flynn

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Lane Change
Vehicle Negligence - Interstate/Freeway
Insurance - Automobile Policy
Insurance - Uninsured/Underinsured Motorist
Insurance - Subrogation

Specific Liability:
A motorist's automobile was struck by another vehicle when the vehicle's driver crossed a center lane on the highway, resulting in the motorist suffering personal injuries; the motorist subsequently sought uninsured motorist benefits from her automobile insurance provider

General Injury:
Injuries to neck; medical expenses; lost wages; loss of earning capacity; property damage

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Related Court Documents:
Plaintiffs' complaint: 2019 WL 13080357
Plaintiffs' trial report: 2021 WL 4895064
Defendant Allstate's pretrial report: 2021 WL 4895065
Verdict form: 2021 WL 4895288

Case Name:
Mary Ring and Patrick Ring, wife and husband, plaintiffs, and Kathleen Sebelius, Secretary of the Department of Health and Human Services, subrogated plaintiff, v. Ryan Flynn, ABC Insurance Company and Allstate Property and Casualty Insurance Company

Docket/File Number:
2019-CV-000413

Result Amount:
$36,738


Result Date:
June 15, 2021

Judge:
Chad Kerkman

Attorneys:
Plaintiff: Paul V. Gagliardi, Gagliardi Law L.L.P., Salem, WI

Defendant (Allstate): Jeffrey T. Wilson, Chicago, IL

Result Type:
Jury

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$26,738.45 to plaintiff Mary Ring for past medical expenses
$10,000.00 to plaintiff Mary Ring for past and future pain and suffering

Summary of Facts:
Mary Ring was reportedly driving her automobile on Wilmot Road and/or Highway C near its intersection with 286th Avenue in Kenosha County, Wis. At the same time and near the same location, Ryan Flynn was also allegedly driving his vehicle.

Ring said that Flynn negligently allowed his vehicle to cross the center lane on the highway and strike her automobile.

Ring said that she suffered personal injuries due to the collision, which included injuries to her neck. Ring's automobile also reportedly sustained property damage due to the accident.

Mary Ring and her husband, Patrick Ring, filed a lawsuit against Flynn, Flynn's unknown automobile insurance provider, ABC Insurance Company, and the Rings' own reported uninsured/underinsured motorist coverage provider, Allstate Property and Casualty Insurance Company. In the Rings' complaint, Kathleen Sebelius, as Secretary of the Department of Health and Human Services, was also named as a subrogated plaintiff in the lawsuit.

The plaintiffs contended that Flynn's negligence had caused the collision and Mary Ring's resulting injuries and damages. Specifically, the plaintiffs argued that Flynn had negligently allowed his vehicle to cross a center lane on the highway and strike Mary Ring's automobile.

The plaintiffs sought damages for Mary Ring's personal injuries, physical pain and suffering, medical expenses, lost wages, loss of earning capacity and physical disability.

The plaintiffs also sought damages for the property damage sustained to their automobile due to the collision.

In addition, the plaintiffs sought damages for Patrick Ring's loss of his wife consortium, society and companionship due to the injuries Mary had suffered from the accident, together with interest, costs of court and attorney fees in the matter.

Allstate admitted that Mary Ring and Flynn were involved in an automobile accident and that Flynn was an uninsured motorist at the time of the accident. Allstate also admitted that Flynn was 100 percent at fault for the collision.

However, Allstate disputed the nature and extent of Mary Ring's injuries and damages caused by the accident in question.

The matter proceeded to a jury trial in June 2021. The jury returned a verdict, June 15, and found that Flynn's negligence had caused the automobile accident.

The jury declined to find that any negligence on Mary Ring's part had caused the collision.

Jurors awarded Mary Ring damages in the total amount of $36,738.45

Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Westlaw Citation:
2021 WL 4942016


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