Aggressive drivers cause collision: Reckless driving: Driving while intoxicated: Jaw injuries: Settlement

Law Reporter, Oct 2004

Barrett v. Orion Ins. Co., Wis., Milwaukee County Qr. Ct., No. 02-CV-011350, Mar. 4, 2004.

Barrctt, 28, was driving on a highway. Two other drivers traveling in the same direction as Barrett were driving aggressively-passing each other, cutting each other off, and exchanging insults and gestures while driving at freeway speeds. One of the drivers drove onto the shoulder, causing the car to lose control and strike Barrctt's vehicle. The driver then fled the scene of the collision but was later apprehended and charged with criminal violations of driving while intoxicated.

Barrett developed jaw dysfunction as a result of the incident. Her past medical expenses were $25,000, and her future medical expenses are estimated at between $5,000 and $30,000. Barrett, a stock trader earning approximately $35,000 annually, missed a few days of work as a result of the incident and made a nominal income loss claim.

Barrett sued the other drivers, alleging reckless driving, driving under the influence, fleeing the scene of an accident, excessive speed, and intentional disregard of plaintiff's rights. Plaintiff sought punitive damages.

Defendants moved to bar punitive damages, arguing their conduct did not rise to the level of intentional disregard for plaintiff's rights, as required by Wis. Stat. § 895.85. The court found that jurors could reasonably find that defendants' conduct rose to the level of intentional disregard for plaintiff's rights and thus the question could properly be put to the jury.

The parties subsequently settled in pretrial mediation for a confidential amount.

Plaintiff's expert was Randal Moles, dentistry, Milwaukee, Wis.

Defendants' expert was Robert Morris, dentistry, Milwaukee, Wis.

Plaintiff's Counsel

*Melita M. Biese, Milwaukee, Wis.

Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Ms. Biese.