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Representative cases tried by members of
Corneille Law Group, LLC.
Decision date: 11/07/08
Case No. 04-CV-3971
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this two week medical negligence case, CLG successfully defended a Dane County maternal fetal medicine specialist from claims that a delay in delivery led to a child's cerebral palsy. The plaintiff contended that as a result of the delayed delivery, the plaintiff suffered hypoxic ischemic encephalopathy, which in turn led to cerebral palsy. It was conceded that the plaintiff had a normal life expectancy and that he would be wheelchair bound and cognitively disabled for life. This was a complex medical negligence case, with approximately 70 motions in limine and 19 experts identified by the parties. The issues of standard of care, causation and damages were contested. In final argument, plaintiff's counsel requested an award for future medical and health care expenses in the amount of $2.6 million. This amount was conceded by the defense. Plaintiff's counsel sought an award for future loss of earning capacity in the amount of $3.4 million. The defense suggested an award of $1,538,000 for that category. Plaintiff's counsel declined to suggest an award for past and future pain, suffering or disability. The defense suggested a starting point for those awards of $100,000 for past pain, suffering and disability, and $500,000 for future pain, suffering and disability. By unanimous verdict, the jury found in favor of the defendant physician and hospital, and no damages were awarded.
Decision date: 09/11/08
Case No. 03-CV-0150
State of Wisconsin/Circuit Court/Rusk County
Jury Trial
In this Circuit Court case, CLG successfully defended an anesthesiology team, including an anesthesiologist and CRNA, against claims of negligence. Plaintiff alleged that during a back surgery, various defendants failed to appropriately monitor the patient. Plaintiff claimed that as a result, the patient suffered post-operative bilateral blindness. At the end of the seven day trial, Plaintiff asked the jury to award $4-$8 Million for past and future pain and suffering. The jury found that the various defendants, including the anesthesiology team, properly monitored the patient and found in favor of the defense.
Decision date: 07/11/08
Case No. 06-CV-216
State of Wisconsin/Circuit Court/Green County
Jury Trial
In this Circuit Court case, CLG successfully defended an obstetrician in a lawsuit alleging negligence during the labor and delivery process. Plaintiff alleged negligence as to the timing of the delivery and the use of instruments including forceps and vacuum. Plaintiffs also raised claims regarding informed consent for the delivery plan. The trial lasted 10 days. Plaintiff's demand in closing arguments was for $10 Million for future medical bills, $1 Million in loss of earning capacity and for at least another $11 Million for pain and suffering. The jury found for the defense, concluding that Defendant acted within the standard of care during the delivery and provided acquired appropriate informed consent for the treatment.
Decision date: 07/11/08
Case No. 06-CV-255
State of Wisconsin/Circuit Court/Oneida County
Jury Trial
In this medical malpractice case, CLG successfully defended a nurse practitioner from allegations that he failed to notify the plaintiff that a radiology report showed evidence of a potential aneurysm in his leg. The plaintiff did not obtain further treatment to verify the existence of the aneurysm, which later clotted and resulted in loss of the leg above the knee. At trial, CLG successfully argued that the nurse practitioner had provided the information, but that the plaintiff chose not to undergo the recommended additional testing. Plaintiff also made a claim for informed consent, which the trial court dismissed on a motion for partial summary judgment, finding that the informed consent law does not apply to nurse practitioners.
Decision date: 06/24/08
Case No. 05-CV-642
State of Wisconsin/Circuit Court/Winnebago County
Jury Trial
In this medical negligence case, CLG successfully defended a neurosurgeon who was alleged to have been negligent in failing to identify an epidural abscess. The alleged negligence led to the plaintiff being rendered a paraplegic and wheelchair bound for the rest of his life. The defense was that this was a difficult diagnosis, and that even though the neurosurgeon had identified the abnormality on the films, a reasonable neurosurgeon would not have made an earlier diagnosis of the cause of the abnormality. The following damage amounts were the subject of stipulation: Future loss of earning: $33,529; Household services: $60,710; Future medical expenses: $90,000; Miscellaneous expenses: $8,000. Plaintiff's counsel requested past medical expenses in the amount of $304,000. The defense requested the jury award $161,000. Plaintiff's counsel requested the jury award between $750,000 and $1 million for past pain, suffering and disability. He requested $1.3 million to $1.6 million for future pain, suffering and disability. The defense suggested an award for those two categories totaling $500,000. The jury found that the neurosurgeon met the standard of care and no amount was recovered by the plaintiff.
Decision date: 05/28/08
Case No. 07-CV-2274
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this Dane County case, CLG successfully defended a driver alleged to have injured the plaintiff in a motor vehicle accident. Specifically, plaintiff claimed to have sustained nearly $9,000 in medical specials, stemming from injuries she suffered from, over a period of 4 years. The nature of plaintiff's injuries and the duration of her healing period was supported by plaintiff's treating physicians. Prior to trial, plaintiffs had filed a statutory offer of $19,500, and defendants filed a statutory offer of $7,000. The jury returned a defense verdict of $6,700 after CLG was able to successfully argue that plaintiff's injuries were minor and resolved shortly after the accident.
Decision date: 04/11/08
Case No. 05-CV-239
State of Wisconsin/Circuit Court/Green County
Jury Trial
In this medical negligence case, CLG successfully defended a surgeon who was alleged to have been negligent in performing a wrong-site hernia repair necessitating a second hernia repair. Plaintiff claimed to have suffered pain and suffering, as well as emotional distress, related to the incident, and had most recently demanded $20,000 to settle the case. At trial, the jury awarded only $5,000 in damages. (Defendants had offered to settle the case for $5,000 early in the litigation.) During trial, and in motions after verdict, CLG filed motions to dismiss, based on the fact that plaintiffs had no expert witness, and that the court had improperly given the res ipsa loquitor instruction. Plaintiffs subsequently decided to dismiss the case rather than respond to CLG's motions, resulting in complete dismissal without any judgment being entered.
Decision date: 04/10/08
Case No. 06-CV-368
State of Wisconsin/Circuit Court/Wood County
Jury Trial
In this medical malpractice case, CLG defended a surgeon who inadvertently struck the plaintiff's bowel while doing a laparoscopic hernia repair. Recognizing the bowel was injured, the operation was immediately transformed into an open procedure, and a bowel repair was done with sutures on one side of the bowel. After extensive searching for an additional bowel injury, nothing was found and the patient was closed. Thereafter, the patient became septic and a subsequent procedure revealed an additional bowel injury that the initial surgeon did not find. One of the issues in the case was whether or not the surgeon negligently repaired the bowel injury. As a result of the delay in repairing the bowel injury, the 40 year old patient will be required to wear a colostomy bag for the rest of his life. With two dissents, the jury found liability on the defendant physician. Past and future health care expenses were stipulated by the parties at $175,000. Future health care expenses were stipulated at $64,000. Past loss of earning capacity was requested by the plaintiff, and conceded by the defense in the amount of $265,000, however the jury chose to award $175,000. Plaintiff's counsel sought an award of $600,000 in future loss of earning capacity, and the defense conceded an amount of $500,000. The jury awarded $300,000. For past and future pain and suffering, plaintiff's counsel requested an award between $2 million and $4 million. The defense conceded an award for those categories of between $500,000 and $1 million. The jury awarded a total of $250,000 for the categories of past and future pain and suffering. The plaintiff's attorney sought $250,000 from the jury for the wife's loss of society and companionship. The defense argued that award should be included within the award for the husband's pain and suffering. The jury awarded $40,000.
Decision date: 03/27/08
Case No. 06-CV-1100
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this Rock County medical negligence case, liability was conceded. The only issue at trial was reasonable compensation for pain, suffering and disfigurement arising out of breast reduction surgery on a 19 year old female. Past and future medical expenses were stipulated in the amounts of $55,743 and $50,000, respectively. The unfortunate outcome from the breast reduction surgery required the plaintiff to undergo multiple reconstructive surgeries, some of which were schedued to take place after the conclusion of the trial. It was unknown at the time of trial whether or not the plaintiff had lost her ability to breast feed. In final argument, plaintiff's counsel requested a jury verdict of $1.5 million for past pain, suffering and disability, and $500,000 for future pain, suffering and disability. The defense suggested a combined award of $250,000. The jury awarded $650,000.
Decision date: 03/11/08
Case No. 06-C-0732-C
Federal Court/Western District of Wisconsin
Jury Trial
In this Federal Court case, CLG successfully defended a social worker in a constitutional rights action filed by the estate of a Dane County Jail inmate. The Plaintiff alleged that the defendant was deliberately indifferent to a risk that the Plaintiff would attempt suicide and, as a result, it was alleged that Plaintiff took her own life. CLG was able to successfully argue that there was no basis to conclude the Plaintiff would commit an act of self harm. The jury found in favor of the defense and found that social worker was not deliberately indifferent to the Plaintiff's medical needs.
Decision date: 11/02/07
Case No. 05-CV-70
State of Wisconsin/Circuit Court/Buffalo County
Jury Trial
In this personal injury case, CLG successfully defended a physician in a case where it was alleged that he failed to properly assess the paintiff's condition at the time of the admission, and that the nurses were aware of the deteriorating neurological status and ignored it, resulting in plaintiff being wheelchair-bound with partial use of his hands, and total loss of bowel and bladder control. Plaintiff's attorney had requested a jury award of $14 to $19 million.
Decision date: 11/02/07
Case No. 05-CV-531
State of Wisconsin/Circuit Court/Eau Claire County
Jury Trial - No Liability
In this wrongful death case, CLG successfully defended an anesthesiologist accused of medical negligence, and negligence in providing informed consent. Plaintiff alleged the anesthesiologist was negligent in the insertion of a transesophageal echocardiography probe, which caused a tear the entire length of the plaintiff's esophagus. The laceration resulted in the plaintiff's death two weeks later. Plaintiffs requested an award of nearly a million dollars.
Decision date: 09/27/07
Case No. 04-CV-4070
State of Wisconsin/Circuit Court/Dane County
Jury Trial - Obtained direct verdict in favor of defendant property management company
In this property damage case, CLG successfully defended a condominium property management company where it was alleged that the company was negligent for failing to properly identify and repair the common areas of the condominium, thus causing water infiltration into the plaintiff's unit and resulting in mold. In closing argument, the Plaintiffs requested damages over $200,000. At trial, the judge directed a verdict in favor of the property management company, finding the company was not negligent as a matter of law when it worked with the plaintiffs and the condomimium association to effectuate repairs to the common areas.
Decision date: 09/07/07
Case No: 07-CV-85
State of Wisconsin/Circuit Court/Grant County
Jury Trial - No Liability
In this property damage case, CLG successfully defended an excavation company where it was alleged that the company negligently excavated and caused over $30,000 in damage to the claimants. At trial, the jury returned a verdict in favor of the excavation company and found that the claimant owed the excavator money, due for the unpaid excavation work.
Decision date: 06/14/07
Case No: 02-CV-717
State of Wisconsin/Circuit Court/Sauk County
Jury Trial
In this medical negligence case, CLG successfully defended a family practitioner in an obstetrics case where it was alleged that he was negligent in his care and treatment during labor and delivery. Plaintiff's attorney presented evidence that damages exceeded $10 million. The jury found the doctor not negligent.
Decision date: 06/14/07
Case No. 04-CV-3285
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this personal injury case, CLG successfully defended a construction company in a case where it was alleged that it was negligent for not marking an electrical line, leading to neurological injuries of the plaintiff's upper extremities. Plaintiff's attorney had requested a jury award of over $418,000.
Decision date: 06/01/07
Case No. 04-CV-1358
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical malpractice case, CLG successfully defended a hospital, a surgical assistant and a resident physician in a case where it was alleged that they were negligent in their care and treatment of a patient before and after surgery, resulting in nerve injury to the patient's shoulder. It was alleged that this negligence caused the patient severe and permanent injuries. Plaintiff's attorney had requested a jury award of over $1 million.
Decision date: 05/25/07
Case No: 04-CV-3848
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this medical negligence case, CLG successfully defended the Wisconsin Injured Patient and Families Compensation Fund in an obstetrics case where it was alleged that a family practitioner was negligent in her care and treatment of her patient. Plaintiff's attorney presented evidence that damages exceeded $1 million. The jury found the doctor not negligent.
Decision date: 03/30/07
Case No. 04-CV-582
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence action, CLG successfully defended a general surgeon who performed bypass surgery, which was followed by an above the knee amputation of the plaintiff's leg. Plaintiff contended that the defendant surgeon failed to obtain appropriate informed consent, that the surgery was performed below the standard of care, and that following the surgery, the patient should have been referred to another institution. Plaintiff sought damages in excess of $3 million. This case is currently on appeal.
Decision date: 02/15/07
Case No. 05-CV-3498
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this personal injury case, CLG successfully defended the trailer company in a case where it was alleged that the trailer was defective and and unreasonably dangerous as a result of numerous substandard welds that were utilized to attach the rear axle assembly of the trailer, resulting in plaintiff being a paraplegic. Plaintiff's attorney had requested a jury award of over $12 million.
Decision date: 02/07/07
Case No: 04-CV-484
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this medical malpractice case, CLG successfully defended a hospital in a case where it was alleged that the hospital nurses were negligent during the labor and delivery of the plaintiff and her baby. Plaintiff's attorney presented evidence that damages exceeded $25 million. The jury found the defendant hospital negligent, but also found that the negligence did not cause any injury.
Decision date: 02/02/07
Case No. 05-CV-1131
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended both a family practitioner and a cardiologist in a case where it was alleged that they were negligent for failing to properly diagnose and treat the patient's coronary artery disease. It was alleged that this failure caused the death of the patient. Plaintiff's attorney had requested a jury award just under $1 million.
Decision date: 01/04/07
Case No. 05-CV-85
State of Wisconsin/Circuit Court/Lafayette County
Jury Trial
In this insurance coverage case, CLG successfully argued that an individual who caused extensive property damage after driving a borrowed vehicle into a house was not covered under the vehicle owners' insurance policy. The plaintiff claimed that the driver had permission to use the vehicle on the night of the accident because he had used the vehicle on numerous prior occasions. At trial, the jury returned a verdict that the driver exceeded the scope of the vehicle owners' permission when he used their vehicle on the night of the accident.
Decision date: 10/17/06
Case No. 04-CV-781
State of Wisconsin/Circuit Court/Rock County
Jury Trial
CLG successfully defended a driver alleged to have caused a rear-end motor vehicle accident. The plaintiff claimed to have suffered soft-tissue injuries which were permanent in nature as a result of the accident. At trial, the jury returned a defense verdict after CLG was able to successfully argue that plaintiff's personal injuries were minor and resolved shortly after the accident.
Decision date: 05/10/06
Case No: 03-CV-1587
State of Wisconsin/Circuit Court/Dane County
Trial to Court
CLG successfully defended a hunter who mistakenly shot an individual in the woods. After hearing the victim scream, the defendant covered his cartridge shell with leaves and fled the scene. He was later apprehended and confessed his error. Thankfully the plaintiff was not critically injured. He sought punitive and compensatory damages. The Judge awarded less than the defense Offer of Judgment, and no punitive damages.
Decision date: 04/27/06
Case No: 04-CV-1838
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this case, CLG defended a driver forced to move into an intersection to see around a stopped vehicle on the side of a country road. The stopped driver was on the shoulder using his cell phone. After moving into the intersection from a stop sign, the defendant was struck by plaintiff's vehicle, which was moving at highway speed. Although the damage award was less than CLG had recommended for settlement, the jury rejected the defense argument that the stopped driver was substantially at fault for causing the accident.
Decision date: 03/30/06
Case No. 03-CV-147
State of Wisconsin/Circuit Court/Richland County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a clinic in a case where it was alleged that a nurse practitioner and a physicians's assistant failed to diagnose a pulmonary embolus. It was alleged that this failure caused the death of the patient. Plaintiff's attorney had requested a jury award in excess of $1 million.
Decision date: 02/16/06
Case No. 04-CV-574
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a cardiac surgeon accused of failing to properly monitor a patient after coronary bypass surgery. It was alleged that this failure resulted in a failure to treat a volvulus, thus causing the patient's death. Plaintiff's attorney had requested a jury award in excess of $200,000.
Decision date: 01/24/06
Case No. 05-CV-51
State of Wisconsin/Circuit Court/Grant County
Jury Trial
CLG successfully defended a driver alleged to have caused a side-impact motor vehicle accident. The plaintiff claimed to have suffered soft-tissue injuries which were permanent in nature as a result of the accident. At trial, the jury returned a defense verdict after CLG was able to successfully argue that plaintiff's personal injuries were minor and resolved shortly after the accident.
Decision date: 10/13/05
Case No. 03-CV-674
State of Wisconsin/Circuit Court/Washington County
Jury Trial
This was a wrongful death case involving the death of a wife and mother of two, after the nurses allegedly failed to properly monitor the patient's pulmonary status. CLG defended the hospital and it's nurses.
Early in the trial, a co-defendant physician criticized the nursing care. Thereafter, in excess of $350,000 was offered in settlement on behalf of the hospital for it's nurses. This amount, as well as a lesser amount tendered by the physician, were rejected, and the jury returned a verdict finding neither the physician nor the nurses/hospital negligent.
Decision date: 10/04/05
Case No. 01-CV-641
State of Wisconsin/Circuit Court/Dane County
Jury Trial
CLG defended a driver alleged to have caused a rear-end motor vehicle accident. The plaintiff claimed to have suffered not only physical soft-tissue injuries, but also traumatic psychological injuries from the incident. The jury determined that the plaintiff suffered absolutely no injury and found for the defense.
Decision date: 06/07/05
Case No. 03-CV-130
State of Wisconsin/Circuit Court/Crawford County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a hospital accused of improperly caring for a pregnant woman after an automobile accident. It was alleged that the improper care led to the stillbirth of plaintiff's baby. Plaintiff's attorney had requested a jury award in excess of $300,000.
Decision date: 03/02/05
Case No: 04-C-0344-S
Federal Court/Western District/Wisconsin
In this case, CLG unsuccessfully defended the general contractor of a luxury log home against a dissatisfied customer.
Decision date: 12/14/04
Case No. 02-CV-3388
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this medical negligence action, CLG was successful in defending a local orthopedic surgeon whose carpal tunnel procedure resulted in neurologic injury to the patient's median nerve. Although the nerve injury occurred, the defense was successful in persuading the jury that this complication arose in the absence of negligence.
Decision date: 11/18/04
Case No. 02-CV-07
State of Wisconsin/Circuit Court/Wood County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a hospital accused of failing to properly treat an elderly patient. It was alleged that because of improper administration of an antibiotic and improper follow-up care, the patient developed a bleeding ulcer. Plaintiff's attorney had requested a jury award in excess of $400,000.
Decision date: 11/08/04
Case No. 02-CV-244
State of Wisconsin/Circuit Court/Wood County
Jury Trial
In this case, CLG successfully defended a radiation oncologist who was accused of misdiagnosing a spinal infection, leading to a permanent neurologic sequelae.
Decision date: 02/25/04
Case No. 02-CV-108
State of Wisconsin/Circuit Court/Monroe County
Jury Trial
In this case, the defendant gastroenterologist injured the patient while doing an ERCP. The sole issue in the case was whether or not the defendant physician had provided appropriate informed consent to the patient. Medical specials relating to the incident were in excess of $900,000, although plaintiff's counsel only submitted proof of $500,000 to the jury.
After a three day trial, the jury returned a verdict in ten minutes, in favor of the defendant physician.
Decision date: 02/20/04
Case No. 01-CV-988
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended an obstetrician where it was alleged that the physician was negligent in managing the labor and delivery of a pregnant patient. It was alleged that the negligence had caused neurological abnormalities in the newborn. Plaintiff's attorney had requested damages in excess of $1 million.
Decision date: 02/06/04
Case No. 02-CV-507
State of Wisconsin/Circuit Court/La Crosse County
Jury Trial
In this very difficult defense case, CLG was unsuccessful in defending a family practitioner's failure to diagnose coronary artery disease, leading to a myocardial infarction and wrongful death for the married mother of two.
Decision date: 02/04/03
Case No. 01-CV-2019
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this jury trial, CLG successfully defended a motor vehicle driver. The plaintiff received a special verdict award of $30,626. Prior to trial, CLG had filed a statutory offer of judgment for $100,000, and accordingly was entitled to tax costs against the plaintiff. The lowest pre-trial settlement demand was $240,000.
Decision date: 01/29/03
Case No. 99-CV-7971
State of Wisconsin/Circuit Court/Milwaukee County
Bench Trial
In this medical negligence case arising from the death of a baby, CLG defended a firt-year, unlicensed medical intern charged with failing to meet the standard of care of a licensed obstetrical physician. In this trial to the Court, plaintiff's counsel requested $4 million in damages, and the Court returned a verdict of $990,000. The trial court judgment was reversed by an appellate court which held that the first-year, unlicensed resident should not have been judged by the standard of care of licensed physicians.
Decision date: 11/07/02
Case No. 93-CV-109
State of Wisconsin/Circuit Court/Richland County
Arbitration
In this construction negligence case, CLG defended an architectural firm for allegedly failing to properly design a natatorium building and for failing to properly supervise contractors during construction. Prior to arbitration, defendants offered $100,000 to settle. At arbitration, plaintiff's attorney requested 1.2 million dollars. Arbitration panel awarded $72,264. Court confirmed the arbitration award.
Decision date: 08/29/02
Case No. 00-CV-2361
State of Wisconsin/Circuit Court/Dane County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended an obstetrician accused of failing to agree to a patient's request for a caesarean section. There was also a claim for negligent monitoring of the patient, both of which resulting in severe neurological damage to the baby. Plaintiff's attorney had requested a jury award of approximately 2.2 million dollars.
Decision date: 07/31/02
Case No. 98-CV-17
State of Wisconsin/Circuit Court/Green County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a psychiatrist in a six-week trial where it was alleged that the doctor failed to properly diagnose and treat a patient with multiple personality disorder. Plaintiff's attorney requested a jury award of approximately $5.5 million.
Decision date: 07/19/02
Case No. 01-CV-210
State of Wisconsin/Circuit Court/Jefferson County
Jury Trial
In this declaratory judgment case, CLG successfully represented an insurance carrier contending that a homeowner committed arson and misrepresented her proof of loss. The homeowner's attorney had requested damages of approximately $200,000 for lost house contents.
Decision date: 06/11/02
Case No. 99-CV-0914
State of Wisconsin/Circuit Court/Dane County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended an anesthesiologist and a CRNA, for allegedly using an inappropriately mixed anesthetic agent, and failing to respond in a timely manner to the cardiac arrest the agent caused. Plaintiff's attorney had requested a jury award of approximately 4 million dollars.
Decision date: 06/04/02
Case No. 01-CV-2116
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this personal injury lawsuit, CLG successfully defended the defendant insurance company and it's insured, accused of negligently operating her motor vehicle. The plaintiff claimed permanent back and neck injuries, loss of future earning capacity and past wage loss. Plaintiff's counsel had requested a jury award of approximately $35,000 after the court dismissed several of the claims upon motions by CLG. The jury found no cause and awarded a total of $1,900.
Decision date: 01/31/02
2002 WI App 49, 251 Wis. 2d 344, 641 N.W.2d 693
Wisconsin Court of Appeals
Corneille Law Group successfully argued to the Wisconsin Court of Appeals that an anti-stacking clause in an insurance policy need not precisely mirror the language of the statute permitting such a clause, in order to be enforceable; and that an insurer does not waive its right to assert the anti-stacking clause by stacking some coverages and by erroneously advising the insured that additional coverage is available.
Decision date: 11/29/01
Case No. 99-CV-0029
State of Wisconsin/Circuit Court/Rock County
Jury Trial
This medical negligence case arose from a sponge being left in a patient during an open abdominal procedure. CLG defended both a surgeon and a Clinic employee who was one of those responsible for counting sponges at the time of the procedure. After a four-day trial, the jury absolved the surgeon of any responsibility for the sponge being left in the patient. Against the Clinic employee, the jury awarded $25,000 for past and future pain, suffering and disfigurement. Medical bills had been stipulated in the amount of $11,386. Past wages had been stipulated in the amount of $596. The gross award by the jury totaled $36,981.67. However, the hospital (which had already settled) was found 75% at fault, leaving a recovery against the Clinic totaling $9,245.42.
A formal offer of settlement had been made on behalf of the Clinic prior to trial in the total amount of $17,500. Plaintiff's lowest settlemet demand against these defendants prior to trial was $50,000.
Decision date: 10/11/01
Case No. 00-CV-1702
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this subrogation action, CLG represented the plaintiff insurance carrier against an engineering firm which had designed a replacement roof for a local mall. After the roof was completed, severe leakage occurred, causing the insurance company to incur expenses in compensating its insured store owner for damaged retail goods.
The engineering firm blamed the co-defendant general contractor for the leakage and the general contractor blamed the engineering firm for poor design.
A four day jury trial resulted in a verdict against the engineering firm of approximately $145,000. Prior to trial, CLG had filed a formal offer to settle in the amount of $132,445 and the verdict exceeded that amount. The highest offer of settlement made by the defendants prior to trial was $90,000.
This matter was settled after motions after verdict.
Decision date: 08/31/01
Case No. 99-CV-157
State of Wisconsin/Circuit Court/Dodge County
Jury Trial
In this property damage case, CLG successfully represented a cheese factory for property damages they incurred as a result of a fire at its plant. The fire arose out of the faulty installation of components to a propane alternate fuel system which allowed a valve to be closed that caused the system to overpressurize which then allowed propane to be released into a shed. The propane was ignited by a pilot light within the shed. The components were installed by Petro Equipment Company ("Petro"). Prior to trial, total damages were stipulated at $63,422.53 and the case was tried on liability issues. The jury found Petro 85% causually negligent for the fire resulting in an award of $53,909.15 to the cheese factory. Petro's highest offer before trial was $20,000.
Decision date: 08/02/01
Case No. 00-CV-1178
State of Wisconsin/Circuit Court/Dane County
Jury Trial
This jury trial lasted approximately five days. It resulted from a cardiothoracic surgeon being sued when he lacerated the aortic arch during a routine mediastinoscopy, resulting in the patient's death.
In final argument, plaintiff's counsel requested damages in excess of $375,000.
The jury found in favor of the defendant physician on the issue of negligence, and accordingly, no damages were awarded.
Decision date: 07/06/01
2001 WI 93, 245 Wis. 2d 134, 628 N.W.2d 916
Wisconsin Supreme Court
Corneille Law Group successfully argued to the Wisconsin Supreme Court that a tortfeasor's vehicle did not fit the definition of underinsured motor vehicle in an insurance policy; and that a reducing clause in the policy was unambiguous, valid and enforceable and that the policy when read in context clearly advised the insured that he had purchased a fixed level of underinsured motorist coverage that was arrived at by combining payments from all sources.
Decision date: 06/25/01
Case No. 98-CV-697
State of Wisconsin/Circuit Court/Marathon County
Jury Trial
In this case, CLG successfully defended an orthopedic surgeon who severed the patient's median nerve while conducting a carpal tunnel release. The surgeon was utilizing an instrument known as the "Indiana Tome" and there were allegations that the design of the Indiana Tome was a contributing factor to the damaged median nerve.
As a result of the damaged nerve, the patient developed RSD, which affected her ability to earn income.
Plaintiff's counsel requested a jury award between $302,585 and $325,785. The jury returned a verdict in favor of the defendant orthopedic surgeon on the issue of negligence and in accordance with that verdict, awarded no damages.
Decision date: 06/18/01
Case No. 00-CV-139
State of Wisconsin/Circuit Court/Dane County
Jury Trial
CLG defended an electrician accused of negligently wiring the plaintiff's hot tub. When the plaintiff stepped into the hot tub, he was electrocuted with 120 volts of electricity for 30 to 60 seconds. Plaintiff lost consciousness and fell out of the tub, further injuring his shoulder. The jury awarded a total of $15,000 in damages.
Decision date: 05/18/01
Case No. 98-CV-2052
State of Wisconsin/Circuit Court/Dane County
Jury Trial
CLG defended a heavy equipment training school after its employee allegedly struck a student with his vehicle in the school's parking lot. As a result of the collision, plaintiff claimed permanent neck injuries, resulting in the need for surgery. The medical records from the date of the accident revealed that the collision was not enough to cause a bruise where the plaintiff was struck. Prior to trial, a stipulation was entered into so that CLG's client would only have to pay if the plaintiff's damages exceeded the limits of the employee's auto insurance. A further stipulation was entered into on the issue of liability and the case was tried on damages. The jury awarded the plaintiff less than the limits of the automobile policy and CLG's client did not have to contribute to the judgment.
Decision date: 05/17/01
Case No. 99-CV-18
State of Wisconsin/Circuit Court/Jackson County
Jury Trial
This case involved a failure to diagnose a patient's myocardial infarction, leading to the patient's death. Liability and damages had been tried prior to this trial (the second trial) resulting in a liability verdict against the physician and damages in excess of $200,000. The Circuit Court Judge did not believe the evidence supported casual negligence against the defendant physician, and the second trial that took place in May of 2001 was limited to the issue of causation.
In this second trial, CLG was unsuccessful in persuading the jury that the defendant's negligence did not cause the patient's demise. The Court of Appeals in the State of Wisconsin affirmed that verdict.
Decision date: 01/26/01
Case No. 99-CV-128
State of Wisconsin/Circuit Court/Portage County
Jury Trial
In this case, CLG represented a radiologist who was accused of inappropriately interpreting an x-ray leading to the failure to timely diagnose Ewing's Sarcoma in a young man. The alleged misreading of the x-ray and delayed diagnosis resulted in the patient's death.
During final argument, on the final day of this three-day trial, plaintiff's counsel requested damages in excess of $2,350,000 for the young man's death and pecuniary loss.
The jury found the defendant physician not casually negligent, and therefore declined to award damages.
Decision date: 09/15/00
Case No. 99-CV-0259
State of Wisconsin/Circuit Court/Grant County
Jury Trial
This case resulted from a general surgeon's unsuccessful attempt to remove a sacral tumor from an elderly female. During the course of the procedure, the patient began to bleed uncontrollably. The surgeon, who we defended, attempted to control the bleeding for many hours, and the patient finally was Med-Flighted to a tertiary care facility. While at the facility, the patient expired.
In final argument, plaintiff's counsel requested over $800,000 in damages.
After a four-day jury trial, the jury returned a verdict in favor of the general surgeon and declined to award damages.
Decision date: 09/07/00
Case No. 99-CV-128
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this case, CLG defended American Family Insurance Company on a claim arising from a motor vehicle accident. Only the issue of damages was litigated. As a result of the three-day jury trial, the jury awarded damages of approximately $125,000, including damage categories of past and future pain and suffering, medical expenses, and loss of earning capacity.
The plaintiff argued that his soft tissue neck injury was permanent in nature and that he was restricted to light duty work. The defendant's independent medical examiner agreed that the plaintiff had suffered a permanent injury.
The award obtained by the plaintiff from the jury was in excess of what had been offered by the defense.
Decision date: 08/24/00
Case No. 00-CV-55
State of Wisconsin/Circuit Court/Barron County
Jury Trial
In this medical negligence action, CLG defended a general surgeon who unsuccessfully attempted to repair the patient's shoulder utilizing a technique known as "acromiom split." This was the first time the surgeon had attempted that procedure, and plaintiffs contended that the surgeon failed to obtain appropriate informed consent prior to the procedure, and after the procedure, referred to the patient as his "guinea pig." The failed surgery resulted in the patient's total disability.
In final argument, plaintiff's counsel requested damages in excess of $650,000. The four-day jury trial resulted in a verdict in favor of the defendant orthopedic surgeon, and accordingly the jury awarded no damages.
Decision date: 07/19/00
Case No. 99-CV-948
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this case, CLG defended an insurance company sued as a result of a motor vehicle accident in which the defendant's insured rear-ended the plaintiff's vehicle. The issues addressed by the jury were limited to whether the low speed accident caused the plaintiff's injuries, and if so, the amount of damages suffered by the plaintiff.
The lowest settlement demand made by plaintiff's counsel prior to the verdict was $70,000. At the conclusion of the jury trial, the jury found that the motor vehicle accident did not cause injury to the plaintiff, and no damages were recoverable. Pursuant to Wisconsin law, the jury was still required to calculate damages, and awarded $2,500 in medical expenses, $600 in lost wages, and $5,000 for past and future injuries.
Decision date: 06/30/00
2000 WI 74, 236 Wis. 2d 257, 613 N.W.2d 102
Wisconsin Supreme Court
Corneille Law Group successfully argued to the Wisconsin Supreme Court to adopt the sham affidavit rule in Wisconsin, which provides that a party's witnesses may not without explanation make a material change to their sworn testimony, where that change in testimony would defeat a motion for summary judgment brought by the opposing party.
Decision date: 05/26/00
Case No. 98-CV-000534
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this auto accident case, which CLG defended, the only issue considered by the jury was the issue of damages. The question was whether the plaintiff had suffered "fibromyalgia," a permanent soft tissue injury. Her medical bills were uncontested and totaled in excess of $40,000. Plaintiff's counsel requested $544,000 in damages, including future medical expenses in excess of $150,000 and loss of earning capacity of $390,000.
The jury awarded the plaintiff and her husband over $140,000. This was in excess of the amount offered by the defendant, and in excess of a formal offer of settlement that had been made by the plaintiff.
Decision date: 04/27/00
Case No. 98-CV-140
State of Wisconsin/Circuit Court/Jefferson County
Jury Trial
In this case, CLG defended the insurer of the plaintiff in an uninsured motorist claim. The plaintiff insured alleged that the defendant driver was negligent. American Family Insurance Company took the position that the plaintiff's negligence was a cause of her injuries.
The plaintiff was a pedestrian wearing dark clothing, and walking either on the roadway or off the roadway (depending on who you believe) at the time of the accident. The accident resulted in severe neurologic injuries to the plaintiff, requiring institutional care for the rest of her life. Past medical expenses totaled $524,319. Future medical expense was proven in the amount of 3 million dollars. In final argument, the plaintiff's attorney requested an award for personal injuries and future medical expenses in a range between 4 to 6 million dollars.
At the conclusion of a four-day jury trial, CLG was successful in persuading the jury that the defendant driver was not at fault in causing the accident. Although no damages were recoverable due to the finding of no liability against the defendant, persuant to Wisconsin law, the jury still answered the damages questions, filling in $500,000 for past and future personal injuries, and 1 million dollars for future medical expenses. The past medical expenses had been the subject of a stipulation.
Decision date: 09/23/99
Case No. 95-CV-35
State of Wisconsin/Circuit Court/Polk County
Jury Trial
In this complicated case, CLG defended the insurance carrier accused of bad faith handling of a claim. The claim arose out of a motor vehicle accident that took place in the State of Minnesota. Numerous legal issues were resolved in favor of the plaintiff in the underlying suit and a verdict was obtained against the defendant American Family Insurance Company by the plaintiff in the State of Minnesota far in excess of the policy limits. A claim for the bad faith handling of the Minnesota claims was asserted against American Family in the State of Wisconsin.
Despite a request from plaintiff's counsel for a jury award for both compensatory and punitive damages in the hundreds of thousands of dollars, the jury found that the defendant did not exercise bad faith in the handling of the claim, and accordingly awarded no damages.
Decision date: 05/13/99
Case No. 98-CV-146
State of Wisconsin/Circuit Court/Eau Claire County
Jury Trial
In this case, CLG defended an OB/GYN specialist who had lacerated the patient's aorta during a laproscopic procedure. Past health care expenses were stipulated in the amount of $35,217 and past wage loss was stipulated in the amount of $2,400. In addition to those amounts, the jury awarded the plaintiff and her husband approximately $115,000 in damages.
Decision date: 04/19/99
Case No. 97-CV-234
State of Wisconsin/Circuit Court/St. Croix County
Jury Trial
In this case, CLG defended a family practitioner who saw the plaintiff for complaints of severe headache. The defendant physician diagnosed the plaintiff's complaints as "a sinus headache." Shortly thereafter, the plaintiff expired as the result of an undiagnosed subarachnoid hemorrhage.
During the trial, plaintiff's counsel requested hundreds of thousands of dollars in damages as a result of the untimely death of his client. At the conclusion of the case, which lasted in excess of seven days, the jury found in favor of the defendant physician on the issue of negligence, and accordingly awarded no damages.
Decision date: 01/27/99
Case No. 97-CV-267
State of Wisconsin/Circuit Court/Columbia County
Jury Trial
In this case, CLG successfully defended a golf course which was alleged to have created a nuisance for the plaintiffs by failing to appropriately protect their homes from errant golf balls. Damages sought by the plaintiffs exceeded $50,000. The jury returned a verdict in favor of the defendant, finding that there was no nuisance.
Decision date: 02/13/98
Case No. 95-CV-360
State of Wisconsin/Circuit Court/Grant County
Jury Trial
In this case, CLG represented a general surgeon who lacerated the patient's liver during a laparascopic cholecystectomy. There was an allegation that the physician was not only negligent for damaging the liver, but that he failed to appropriately control the patient's bleeding, resulting in a severe post-operative infection.
Past medical expenses were stipulated at approximately $30,000, with lost wages of $2,300. Plaintiff's counsel sought an award for the plaintiff and her husband for pain and suffering and loss of society and companionship in the amount of $150,000.
At the conclusion of the jury trial, the jury found in favor of the defendant surgeon and awarded no damages.
Decision date: 05/20/97
Case No. 95-CV-95
State of Wisconsin/Circuit Court/Juneau County
Jury Trial
In this case, the plaintiff suffered severe and disabling personal injuries as a result of a motor vehicle accident. American Family contended that the plaintiff was the driver rather than the passenger in the motor vehicle. Damages were not at issue and American Family agreed to pay its policy limits if the jury agreed that the plaintiff was a passenger in the one-car motor vehicle accident.
As a result of a two-day jury trial, the jury concluded that the plaintiff was the driver of the motor vehicle, and thereby no damages were recovered by the plaintiff.
Decision date: 04/18/97
Case No. 94-CV-639
State of Wisconsin/Circuit Court/Walworth County
Jury Trial
CLG defended a general surgeon who did a laparascopic cholescystectomy on the patient. A few days later a bile leak was discovered. Thereafter, a laparotomy revealed that surgical clips placed by the surgeon during the procedure were no longer in place. In addition to the contention that the clips were negligently placed, the plaintiffs also contended that the surgeon failed to properly identify portions of the patient's anatomy during the procedure.
The only jury issue was the defendant's alleged negligence. At the conclusion of the four-day jury trial, the jury found the defendant surgeon not negligent.
Decision date: 04/02/97
Case No. 96-C-0489-S
United States District Court for the Western District of Wisconsin
Trial of the Court
This case represents one of the few environmental CERCLA trials ever conducted in the State of Wisconsin. The plaintiff was the representative of those who had paid for the clean-up of a landfill and was seeking additional remediation amounts from other landfill users. Total clean-up costs at the landfill exceeded $7 million. CLG represented three of the users who had not agreed to contribute the settlement amounts demanded by the landfill remediation trust. The final pretrial demand against the three defendants CLG represented was as follows: City of Hudson: $219,000; Village of North Hudson: $91,500; School District of Hudson: $57,000.
The final offers prior to trial on behalf of those defendants was as follows: City of Hudson: $38,000; Village of North Hudson: $12,000; School District of Hudson: $7,500.
The Honorable John C. Shabaz awarded the following amounts against the defendants at the conclusion of the trial: City of Hudson: $6,146; Village of North Hudson: $1,973; School District of Hudson: $1,238.
Decision date: 02/27/97
Case No. 95-C-369-C
United States District Court for the Western District of Wisconsin
Jury Trial
This case arose as a result of a police drug raid on a tavern. The plaintiff patrons were improperly searched and therefore, pursued this civil rights claim. The court found as a matter of law that an improper search had taken place. However, the jury awarded the plaintiffs damages of $1 per person as a result of their "unconstitutional detention."
The plaintiffs' final settlement demand prior to trial was $125,000. The final settlement offer CLG made on behalf of the defendants was $42,500. The total jury award was $11. In addition, the Court awarded the plaintiffs attorney fees, which resulted in a total recovery far below the final settlement offer of the defendants.
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