$500,000 Verdict
Type of action: Dram Shop
Injuries Alleged: Death
Settlement: $500,000
Plaintiff's Attorney's D. Patrick McCullough, McCullough, Williams, Bowden & Cyr, P.A., St. Paul, MN
Insurance Carrier: Westport
Court: Washington County District Court
Judge: Hon. Gary R. Schurrer
Date of Disposition: 2006-12-04 00:00:00.
Plaintiff's Expert(s): Lowell VanBorkom
Defense Expert(s): Fred Apple
Case Summary: The decedent, age 37, was a naval spinal surgeon who was living in Maryland. He was killed in Minnesota after being struck by a vehicle while walking down Interstate 35 outside of Forest Lake on Oct. 16, 2004. The decedent had been served alcohol by the defendant's bar and had a .233 BAC at the time of his death. There was no evidence as to how the decedent had gotten out onto the freeway on the night of the incident. He had been at the bar attending a birthday party and had gotten into an argument with a female friend who eventually left in the car that she and decedent had arrived in. That left the decedent to walk to his hotel or get a ride from other partygoers. The decedent left the bar on foot at approximately 1:10 a.m. and was not seen again until 911 Dispatch began receiving calls that the decedent was walking down the middle of the freeway. He was struck and killed by an oncoming motorist shortly thereafter.
$150,000 Verdict
Type of action: Automobile Accident
Injuries Alleged: Neck, back, head and knee injuries
Settlement: $150,000
Plaintiff's Attorney(s): D. Patrick McCullough, McCullough, Williams, Bowden & Cyr, P.A., St. Paul, MN
Insurance Carrier: RAM Mutual
Court: Marshall County District Court
Date of Disposition: 2006-10-19 00:00:00.0
Plaintiff's Expert(s): Brian T. Briggs, M.D.; Rodney A. Swenson, Ph.D.; Kenton Kainz, D.C.
Case Summary: The plaintiff is a farmer in the Thief River Falls area. In an automobile accident on Sept. 30, 2003, he sustained soft-tissue injuries to his neck and back, a head injury resulting in memory loss and other cognitive difficulties and a knee injury which required arthroscopic surgery. In addition to his medical expenses, the plaintiff incurred a substantial loss of income from his farming business and grass cutting business. He was able to settle both the liability and UIM portions of his case for the policy limits. There were also very complicated subrogation issues to consider in this case, which the plaintiff was able to resolve favorably. The case settled prior to filing with the court.
