Tag Archive for: Million

Milwaukee Attorney Secures $2.5 Million for Injured Chef in Complex Parking Lot Accident Case

At Gingras, Thomsen & Wachs, LLP, we fight for justice and compensation on behalf of the victims in personal injury cases. Recently, our own Mark Thomsen achieved a $2.5 million settlement for our client who was severely injured in a parking lot accident involving a bus. This settlement reflects our formidable track record of securing compensation for our clients, including many multi-million settlements and verdicts.

The Incident: A Parking Lot Accident with Devastating Consequences

On the night of September 24, 2021, our 50-year-old client, a head chef from Miami, was walking back to his hotel after working at the Ryder Cup, dressed in his black uniform and wearing a hoodie. He was traversing a dimly lit parking lot at the resort where he was staying when he was struck and run over by a bus. He did not see the approaching bus. The driver of the bus did not see our client as she made a left turn down an aisle in the lot.

Milwaukee personal injury attorney Mark Thomsen recognized the defense would argue that given the poor lighting and rainy conditions, our client should have looked carefully for any vehicles before he walked across the lot rather than using the lit sidewalk. The collision left our client with significant injuries, requiring one surgery to each leg and a prolonged rehabilitation process.

Mark Thomsen, his legal team, and co-counsel Aaron Davis and Michael Bild from Miami collected critical evidence, hired top accident reconstruction and medical experts, and left no stone unturned to establish the bus driver’s negligence was greater than our client’s and build a strong case for financial compensation for our client.

A Complex Case with Conflicting Expert Opinions

Parking lot accidents may involve complex legal and technical issues, as this case clearly demonstrated. During litigation, expert testimony from both sides presented varying accounts of the circumstances leading up to the accident.

The Plaintiff’s Experts: Evidence of Driver Negligence

Our expert witnesses, Paul Erdtmann from Skogen Engineering Group Inc. and Larry Baareman, a transportation compliance expert from Michigan, provided compelling evidence supporting our case. Both experts concluded that the client was within the bus driver’s sightline for approximately five seconds before the impact, directly challenging the driver’s claim that she did not see him.

Baareman further opined that the bus driver, in compliance with state and federal motor carrier regulations, should have slowed her vehicle and cleared the area to her left before making the left turn. According to Baareman, this failure to exercise caution indicated preventable negligence, highlighting that the driver’s actions contributed to the accident.

The Defendants’ Attempt to Blame Pedestrian Behavior

The defendant’s accident expert, David A. Noyce, took a contrasting stance, opining that our client acted unsafely by not using designated pedestrian walkways. Noyce further contended that our client was “undetectable” to the bus driver due to his clothing choice and the lighting conditions.

Competing Testimonies Highlighted the Need for a Strong Representation

This contradictory evidence underscored the complexities of the case and made it essential for us to build a strong, cohesive, and evidence-based argument. By systematically dismantling the defendants’ claims and firmly demonstrating the bus driver’s responsibility in the accident, we were able to present a robust case on behalf of our client.

Medical Testimonies and the Extent of Finizia’s Injuries

Our team also engaged medical experts to assess the severity of our client’s injuries and their impact on his future. These professionals provided testimony on the medical necessity of surgeries, his prolonged recovery, and the ongoing pain and limitations he faces.

Vocational expert Kevin L. Schutz, M.S., LPC, evaluated our client’s long-term physical and psychological challenges and his loss of earning capacity. This testimony underscored the financial and emotional toll that this accident has imposed on our client, further strengthening our argument for full compensation.

A Settlement That Brings Justice and Financial Security to Our Client

Through attorney Mark Thomsen’s legal acumen and aggressive representation, our firm was able to achieve a settlement that provides our client with the financial resources he needs to continue his recovery and maintain his quality of life. The $2.5 million settlement we secured reflects the intense litigation skills, experience, and resources with which our attorneys handled each aspect of this case.

If you or a loved one has been injured in an accident, our Milwaukee personal injury attorneys at Gingras, Thomsen & Wachs LLP are ready to fight for you. To schedule your free consultation, call us at 608.833.2632 or contact us online.

$1 Million Settlement Awarded to Client of Mark Thomsen After Milwaukee County Jail Failed to Provide Medication for Schizophrenia

Milwaukee partner Mark Thomsen is the lead civil lawyer on the legal team responsible for helping the Wesley family receive $1,050,000 from Milwaukee County’s insurer after the County’s contractor, Armor Correctional, failed to provide Omar Wesley with mental illness medication during his time at the County Jail.

Omar was first diagnosed with paranoid schizophrenia when he was 21 years old. Omar was later arrested for attempted bank robbery but was ultimately found not guilty due to mental disease or defect because of his mental illness. He was held in the Mendota Mental Health Institute for treatment. In 2016, he was ready to be released to the community because his daily treatment with the antipsychotic drug clozapine had resolved most of his symptoms.

Tragically, while he was being held in the Milwaukee County Jail awaiting his release and freedom, Omar was not given his daily necessary prescription of clozapine which caused him to decompensate and again suffer from horrific hallucinations, delusions and symptoms of mental illness. He was then returned to Mendota.

“This was completely preventable. All they had to do was give Omar, a human being, the medication for his mental illness. That would have been it,” said Thomsen.

Thomsen and the Wesley family hope the settlement for the personal injury will help to highlight mental health issues in the criminal justice system and encourage others to push for real change.

Additional News Coverage:

https://www.tmj4.com/news/local-news/milwaukee-mom-advocates-for-changes-in-jail-after-son-did-not-get-mental-health-medication

https://www.jsonline.com/story/news/local/milwaukee/2019/07/03/lawsuit-claims-milwaukee-man-left-without-medication-jail/1640784001/

https://www.jsonline.com/story/news/local/milwaukee/2023/10/06/lawsuit-over-deprived-meds-in-milwaukee-county-jail-settles-for-1m/70995016007/

Gingras Reaches $1.1 Million Settlement on Behalf of Client in Madison Police Misconduct Lawsuit

Partner Bob Gingras of Gingras, Thomsen & Wachs was lead attorney on the legal team responsible for securing a $1.1 million settlement on behalf of David Clash-Miller in a federal civil rights lawsuit filed against the city of Madison.

The lawsuit stemmed from a 2019 incident in which Clash-Miller — 17 years old at the time — was slammed against a door and repeatedly punched in the head by one of the officers during a mental health crisis (see video).

Police were first called to Clash-Miller’s home after his foster parents and school resource officer requested a police escort to a mental health facility because he had failed to take his medication and was acting irrationally.

A home security camera captured Clash-Miller’s encounter with the police, but no officers were ever charged or disciplined in the case. An outside agency reviewed the evidence and determined that the officers had acted legally but missed opportunities that could have led to a better outcome.

“Hopefully, it will make the police accountable and thank goodness we had a video in the home,” said Bob Gingras.

While the settlement with the city of Madison’s insurance company did not come with an admission of wrongdoing by the police, Gingras hopes the incident will prompt them to more thoughtfully review standard operating procedures moving forward.

This sentiment was echoed by Madison Mayor Satya Rhodes-Conway back in 2019 when she acknowledged the findings of the outside report and added, “We in the city of Madison aspire to higher performance standards than simply not violating the constitutional rights of those we serve.”

Videos of the Incident

 

Additional News Coverage:

https://www.wkow.com/news/madison-pays-1-1m-settlement-in-case-involving-police-tactics-against-teenager/article_972a172e-410f-11ed-b7d3-13881ad1ca98.html

https://madison.com/news/local/crime-and-courts/madison-man-settles-excessive-police-force-suit-on-day-hes-arrested-on-uw-madison-campus/article_a87d5a42-3673-59d3-aa7b-93a29d35fb9c.html

https://www.jsonline.com/story/news/local/wisconsin/2022/10/01/madison-man-gets-1-1-million-settlement-police-misconduct-lawsuit-david-clash-miller/8140151001/

https://finance.yahoo.com/news/thank-goodness-had-video-madison-185837342.html

Bucks Guard Sterling Brown Authorizes GTW Partner Mark Thomsen to Sign Historic Settlement in Civil Rights Lawsuit with the City of Milwaukee

Gingras, Thomsen and Wachs partner Mark Thomsen, on behalf of Milwaukee Bucks guard Sterling Brown, signed a settlement agreement with the City of Milwaukee. The City will admit to violating Brown’s constitutional rights and incorporate changes to its police department standard operating procedures.

Brown filed the civil rights lawsuit following a January 2018 incident in which he was unlawfully attacked, tased and arrested for parking illegally – despite no resistance or posed threat.

According to Milwaukee police, officers doing a business check at a Walgreens around 2 a.m. noticed a parked vehicle across two handicap spaces. Brown was being questioned for the parking violation when police officers tased and arrested him. After an internal review, which included watching the body camera footage, several officers were disciplined and required to undergo remedial training.

In September of 2019, the City of Milwaukee offered a $400,000 settlement that did not include an admission of liability. Brown refused this settlement and vowed to continue fighting for much-needed community progress.

Mark Thomsen and the City Attorney of Milwaukee filed a joint status report update in federal court on November 6, 2020 regarding the settlement details, but the City Attorney does not become authorized to sign the agreement until the Common Council next meets.

The law firm of Gingras, Thomsen and Wachs has been honored to accompany Mr. Brown in his pursuit of racial justice and looks ahead to improvements that will be made in the City of Milwaukee’s police department. There will be no comment from GTW or Mark L. Thomsen at this time.

Read the official statement from the Milwaukee Bucks:

Current News Coverage:

https://www.jsonline.com/story/news/local/milwaukee/2020/11/09/sterling-brown-police-civil-rights-lawsuit-settlement-offered-milwaukee-bucks/6219866002/

https://madison.com/wsj/sports/basketball/professional/revised-settlement-recommended-over-arrest-of-bucks-guard-sterling-brown/article_b8dbfcd9-ed37-5b1c-87e5-93557be63abe.html

https://www.nytimes.com/2020/11/09/us/sterling-brown-nba-settlement.html”>https://www.nytimes.com/2020/11/09/us/sterling-brown-nba-settlement.html

Letter From The City Attorney

Joint Status Update

Gingras, Thomsen & Wachs, LLP Settle $5.25 Million Wrongful Death and Personal Injury Suit Resulting From Drunk Driving Accident

GTW attorneys Robert Gingras, Michael Luebke and Kim Sweatt recently settled a wrongful death and personal injury lawsuit that occurred as a result of a drunk driving accident.

On the afternoon of October 14, 2018, Kevin and Amy Sylve were on their way to a pumpkin patch in Sun Prairie, Wisconsin, after spending the weekend preparing for Halloween. The Sylve couple were high school sweethearts with two daughters and twin grandsons. As the couple approached the pumpkin patch, Kevin slowed his Toyota Camry, activated his turn signal and began the left turn into the pumpkin patch.

Nicholas Hanley had spent the day drinking alcohol and smoking marijuana. Mr. Hanley had a record of drunk driving including four prior charges and three convictions. On October 14, he was driving an illegally modified monster truck at more than 70 mph on a country road with a 55 mph speed limit. Mr. Hanley attempted to pass the Sylves as they turned left into the pumpkin patch.

The resulting crash was horrific. Witnesses heard Mr. Hanley downshift his monster truck and accelerate into the Sylves’ vehicle. Despite resuscitation efforts, Kevin passed away at the scene.

An ambulance rushed Amy to the University of Wisconsin Hospital with severe injuries.

Gingras, Thomsen & Wachs represented the Sylves in their wrongful death and personal injury lawsuit against Mr. Hanley, as well as his business A+ Storage, Inc. Attorneys Robert Gingras,

Michael Luebke and Kim Sweatt successfully litigated and negotiated a $5.25 million settlement with Mr. Hanley’s insurers.

“Our communities are plagued by drunk drivers. Those who make the decision to drink and drive must be held accountable for their actions. This settlement sends a message that our community will not tolerate endangering the lives of innocent people,” said attorney Robert Gingras.

In the pending criminal case, Mr. Hanley faces nine felony charges including homicide by intoxicated use of a vehicle, injury by intoxicated use of a vehicle and OWI (4th).

Gingras, Thomsen & Wachs represents individuals in personal injury, civil rights and employment lawsuits. The firm has offices in Eau Claire, Madison, Milwaukee and Waukesha.

Attorneys Dana Wachs and Robert Gingras recently resolved a truck accident case in the Federal District Court of Western Wisconsin for 4.9 million dollars. In this case several members of a family were injured due to the negligence of a truck driver and his employer. The truck involved was improperly maintained and the truck driver was suspected of driving while under the influence of an intoxicant at the time of this crash.

Facebook-circled Facebook-circled
Linkedin-circled Linkedin-circled
Instagram Instagram
Youtube-play Youtube-play
Rss Rss
101 Putnam St
P.O. Box 390

Eau Claire, WI 54703

8150 Excelsior
Drive

Madison, WI 53717

219 N Milwaukee St
Suite 520

Milwaukee, WI 53202

Nationally Recognized Law Firm

Super Lawyers - profiles.superlawyers.com