FEBRUARY  9, 2000 · WISCONSIN OPINIONS

VERDICT & SETTLEMENT

TORTS

· Personal injury: permanent paraplegia

Injuries Claimed: T9-TIO subluxation with a TIO burst fracture and spinal canal involvement, left occipital skull fracture and permanent paraplegia at the TIO level.

Court (including City): None

Case Name: Mielke v. Estep Express, et al

Case Number: N/A

Judge: N/A mediator was John U. Schmid Jr, Borgelt Powell, Peterson & Frauen S.C., Milwaukee.

Verdict or Settlement: Settlement

Final Demand: $2 million

Final Offer: $2 million

Settlement Amount: $2 million

Special Damages: Medical bills:
$168,362.17; wage loss of approximately
$12,000

Date or Incident: June 14, 1999

Disposition Date: Dec. 2, 1999

Plaintiff's Attorney (Firm): Robert L. Elliott, Milwaukee, Wis.
Defendant’s Attorney (Firm): Frank L. Steeves of Crivello, Carlson, Menkowski & Steeves, S.C., Milwaukee, Wis.

Insurance Carrier: Great West Casualty Co., and Guaranty National Insurance Co.

Noteworthy Evidentiary Issues: To accomplish a rapid settlement because of plaintiff's financial needs, while at the same time obtaining the maximum liability policy limits available.

Summary of the Facts: The plaintiff was wait­ing for a red light at 6:12 a.m., on his way to work, when he was rear-ended by a tractor-trailer traveling at what witnesses estimated to be 25-50 m.p.h. The plaintiff received severe injuries: a T9-TIO subluxation with a TIO burst fracture and spinal canal involvement, left occipital skull fracture resulting in total permanent paraplegia at the TIO level down. Plaintiff incurred medical expenses of $168,362.17 and his condition stabilized relatively quickly. The defendant had a total of $2 million of policy limits available and the defendant was otherwise judgment-proof. After an extensive mediation, the case was settled for the $2 million policy limits.