If you have been injured in an accident, you probably know that dealing with insurance companies and municipal entities can feel like an uphill battle. They often dispute liability, delay proceedings, and try to shift the blame onto you. At Fitzpatrick, Skemp & Butler, LLC, we understand how stressful and confusing this process can be. You need a dedicated advocate who will stand by your side and fight for the compensation you deserve, even when the opposition refuses to back down.
Recently, our attorneys Scott Butler and James Richgels demonstrated exactly what relentless advocacy looks like in the case of Eugene Faust et. al. vs. City of West Allis and Cities and Villages Mutual Ins. Co. (Milwaukee County Case # 2024-CV-1332). Despite extensive pushback from the defense, our team secured a $250,000 judgment for our client following a complex personal injury claim.
The Details of the Crash
The accident occurred on a July morning at the intersection of West Oklahoma Avenue and South 124th Street in the City of West Allis. A city employee, driving a pickup truck in the course of his duties, entered the intersection on a green light, intending to turn left. As the light turned yellow, the employee initiated his turn.
At the same time, our client, Mr. Faust, was operating an electric tricycle, proceeding straight through the intersection. The city truck’s bumper made contact with the rear left wheel of Mr. Faust’s tricycle. Though the impact occurred at a relatively slow speed, the consequences were severe. Mr. Faust fell from his tricycle, sustaining significant neck injuries that required extensive medical treatment, resulting in approximately $300,000 in medical bills.
Overcoming Complex Legal Hurdles
When a collision involves a municipal vehicle, the legal landscape becomes highly complex. In this case, every single issue was fiercely disputed by the defense. They argued that our client was at fault for entering the intersection on a yellow light, citing Wis. Stat. § 346.37(1)(b).
However, our attorneys pushed back, arguing that the city driver violated Wis. Stat. § 346.18(2) and Wis. Stat. § 346.34(1) by failing to yield while making a left turn. To build an airtight case, our firm retained Matt Furrer, P.E., an expert from Krenz Engineering, to perform a comprehensive accident analysis.
The litigation process involved extensive pre-trial motions. The defense filed a motion for summary judgment to dismiss liability entirely. We countered with a motion for partial summary judgment regarding the medical bills. The Court agreed with our position, granting our motion on the medical bills and denying the defense’s attempt to avoid liability.
The Verdict: A Hard-Fought Victory
Recognizing the strength of our case regarding damages, the parties stipulated that our client’s damages were $500,000.00. The case then proceeded to a liability-only bench trial before Judge Van Grunsven.
After reviewing the evidence, the judge found that both parties shared 50% negligence in the incident. Because Wisconsin follows a modified comparative negligence rule, a plaintiff can still recover damages as long as their fault does not exceed the fault of the defendant. Based on the stipulated damages and the 50/50 liability split, Judge Van Grunsven awarded a judgment of $250,000 plus costs against the City of West Allis and their insurance carrier.
What This Means for Accident Victims in Wisconsin
This case highlights a critical reality for injury victims: you should never assume your case is hopeless just because the other side blames you. Insurance companies and defense attorneys will use every tactic available to minimize their financial exposure. Whether you are involved in a car accident, a truck accident, or a bicycle and pedestrian accident, having an experienced legal team is vital.
We know how to navigate complex litigation, hire the right experts, and aggressively counter defense tactics in court. We take pride in our long history of successful verdicts and settlements, and we bring that same level of dedication to every case we handle.
Frequently Asked Questions
Can I still get a settlement if I was partially at fault for the accident?
Yes. Wisconsin uses a “modified comparative negligence” system. This means you can still recover compensation as long as you are not more than 50% at fault for the accident. Your final award will simply be reduced by your percentage of fault, exactly as it was in Mr. Faust’s case.
Why is it harder to sue a city or municipality?
Claims against government entities involve strict notice requirements, shorter deadlines, and specific legal immunities that do not apply to private citizens. You need an attorney who understands the nuances of municipal liability to ensure your claim is filed correctly and successfully litigated.
Do I have to go to trial to get a settlement?
Not always. Many personal injury cases are settled out of court through negotiation. However, if the insurance company refuses to offer a fair amount or disputes liability entirely, your attorney must be fully prepared to take your case to trial to secure the justice you deserve.
How much does it cost to hire an attorney for a complex case like this?
At Fitzpatrick, Skemp & Butler, LLC, we work on a contingency fee basis. You pay no upfront costs, and we only collect a fee if we successfully recover compensation for you.
Get the Dedicated Representation You Deserve
If you or a loved one has been injured due to someone else’s negligence, you do not have to face the legal system alone. Our compassionate, experienced attorneys are here to listen to your story, validate your concerns, and guide you toward a favorable resolution.
We serve clients throughout Wisconsin, including La Crosse, Eau Claire, and Wausau. Call our experienced Wisconsin personal injury lawyers Now! Reach out to us at 608-784-4370 or visit our Contact Us page to schedule your free, no-obligation consultation today.