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On August 9, 2001, the life of James Anderson and his family was turned upside down. As he was driving his motorcycle in Kewaunee County, Wisconsin, a GMC truck made a u-turn in front of him, causing a horrific collision. At the time of the accident, he was not wearing a helmet. Mr. Anderson’s injuries were so severe, that he had to be resuscitated at the scene. Mr. Anderson was transported from the scene of the accident with life threatening head injuries. Upon his arrival at the hospital, he was diagnosed with several skull fractures and a severe brain injury. He underwent emergency brain surgery the day after the collision. Mr. Anderson remained in a comatose stage for several weeks and was hospitalized for several months. He was discharged from an inpatient facility in November of 2001. Since that time, he has struggled through speech therapy, occupational therapy and physical therapy. Because of his dedication, he has made a better than expected recovery.
Our firm immediately began working on this claim for the Anderson family. The insurance company for the operator of the truck would not offer to settle the case because they knew there was a case pending before the Wisconsin Supreme Court which would decide whether a motorcyclist's failure to wear a helmet can be considered by a jury in a personal injury case even though there is no helmet law in Wisconsin. The Supreme Court ultimately decided this case against motorcyclists.
As a result, Attorney Michael F. Hupy and investigator Tony “Pan” Sanfelipo worked to have a law passed in Wisconsin, which would protect bikers from a damage reduction. When the insurance company learned we would be successful, they started a lawsuit against Mr. Anderson and his family in an attempt to circumvent the new law. Attorney Jason F. Abraham quickly negated the insurance company’s position and the Governor did in fact sign the new law into effect on March 15, 2004.
The insurance company never made any offer to settle the case until the parties went to a mediation. After approximately five hours of mediation, Attorney Abraham was able to get the case resolved where Mr. Anderson and his family will receive $1.9 million. The Andersons were very pleased with their outcome.
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Hupy and Abraham, S.C.
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