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$1.9 Million Settlement for Motorcyclist Featured on "Insider Exclusive"

On August 9, 2001 in Kewaunee County, Wisconsin, the life of James Anderson and his family was turned upside down: As he was driving his motorcycle, a GMC truck made a u-turn in front of him and caused a horrific collision. He was not wearing a helmet and his injuries were so severe that he had to be resuscitated at the scene.

He 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, remained in a comatose stage for several weeks, and was hospitalized for several months. In November 2001, he was discharged from an inpatient facility and, since that time, has struggled through speech therapy, occupational therapy, and physical therapy. Because of his dedication, he has made a better-than-expected recovery.

Hupy and Abraham 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 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 that would protect riders 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 signed 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 session. After approximately five hours, 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 the outcome. This case was later covered in a spotlight feature on the Insider Exclusive television show.


Jason F. Abraham
Managing Partner, Hupy and Abraham