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Case of the Month November 2024

Parties Reach $195K Settlement Following Intersection MVA in Geneva

Kaiser v. Roth et al.

Case Type:
Vehicle Negligence - Motor Vehicle v. Motor Vehicle
Vehicle Negligence - Intersection
Vehicle Negligence - Right-of-Way
Vehicle Negligence - Stop Sign
Vehicle Negligence - Inattention
Insurance - Automobile Policy
Vicarious Liability

Specific Liability:
Motorist's automobile was struck by another vehicle when its driver disregarded a stop sign at an intersection

General Injury:
Injuries to lumbar, cervical and thoracic regions of spine and right shoulder; tingling in hands and right foot; headaches

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

Related Court Documents:
Plaintiff's complaint: 2022 WL 22827084
Order for approval of third-party settlement and for distribution of proceeds and dismissal: 2023 WL 11805308

Case Name:
Kaiser v. Roth et al.

Docket/File Number:
2022-CV-000046

Result Amount:
$195,000

Result Date:
September 22, 2023

Judge:
David W. Paulson

Attorneys:
Plaintiff: Adam C. Essling, Gendlin, Liverman & Rymer SC, Milwaukee, WI
Defendants: Jeffrey Leavell, Leavell & Borton SC, Racine, WI; Raven R. Jelinske, Leavell & Borton SC, Racine, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$195,000 to plaintiff for damages

Summary of Facts:
Plaintiff Christopher Kaiser said that he was driving his automobile near an intersection when its front, left corner was struck by a vehicle operated by defendant Austin Roth, who was acting within the course and scope of his employment with defendant Roth Heating Company, doing business as The Theilmann Group. The plaintiff contended that defendant West Bend Mutual Insurance Company insured the vehicle that Roth was driving at the time of the collision.

The plaintiff claimed that he suffered personal injuries, which included injuries to the lumbar, cervical and thoracic regions of his spine and injuries to his right shoulder, as well as tingling in his hands and right foot and headaches, due to the collision.

The plaintiff asserted that Roth's negligent driving, which included failing to yield the right-of-way at an intersection, disregarding a stop sign, failing to maintain control over his vehicle and driving inattentively, caused the collision.

The plaintiff asserted that because Roth was acting within the course and scope of his employment, Roth Heating Company was liable for his alleged negligence.

The parties agreed to resolve the plaintiff's claims arising from the collision in exchange for the defendants' payment of $195,000, and sought court approval of the settlement.

The court approved the settlement terms.

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

Westlaw Citation:
2023 WL 11814825