Whiting Law Group won a significant award of $2.95 million on behalf of a Plaintiff who was seriously injured by a beverage delivery truck in Milwaukee, WI. After a hard-fought effort, Timothy M. Whiting, Sara M. Davis and Torrie N. Poplin secured justice for the Plaintiff who suffers daily pain as a result of the truck accident.
The Truck Collision
On May 17, 2012, the Defendant,Daniel Fenske, was driving northbound on Highway 894/95 in Milwaukee, WI. The Defendant was an employee of General Beverage Sales Co., and was making deliveries in the company truck. The truck was a28,000 lbs straight truck. As rush hour traffic slowed, the Defendant failed to stop his big truck, slamming into a vehicle stopped in traffic. That initial crash caused a chain reaction collision involving four other vehicles. The Plaintiff, Todd Melcher, was one of the parties involved in a secondary collision. He sustained serious injuries when his vehicle was struck by an 85,000 lbs. tractor trailer during the collision sequence. As a result of this collision, Mr. Melcher’s vehicle was pinned between the tractor trailer and the concrete median.
Significant Injuries and Harms
As a result of being slammed into and pinned against the concrete highway median, Mr. Melcher suffered severe injuries to his neck, right shoulder, and lower back as a result of the collision. Following these injuries, Mr. Melcher underwent two right shoulder surgeries, a cervical spine surgery for aggravation of a pre-existing condition, and a lumbar spine surgery. He also underwent numerous pain management and physical therapy sessions.
As a result of his injuries, Mr. Melcher missed a significant amount of work – and is unable to return to his job given his current medical conditions.
Holding the Negligent Truck Driver and Company Accountable
The personal injury and truck accident attorneys at Whiting Law Group argued that Mr. Fenske’s negligence of failing to drive in a safe manner by failing to keep a safe follow distance, failing to keep a proper lookout for traffic, and failing to drive at a reasonable speed was the proximate cause of Mr. Melcher’s injuries. Moreover, the Plaintiff proved, Mr. Fenske’s actions constituted violations of Wisconsin State Law, Federal Motor Carrier Safety Regulations (FMCSR), and Commercial Driver’s License requirements.
Through its aggressive discovery, Whiting Law Group also established that the trucking company committed many violations of the FMCSR’s via its improper drug testing and policies, and, by not properly training and supervising its drivers.
The Defense eventually admitted fault, but argued that most of Mr. Melcher’s injuries were pre-existing, and were only aggravated by the collision. The Defendants also argued that Mr. Melcher would have required the surgeries regardless of the collision as his MRI’s of his neck, back, and right shoulder all indicated pre-existing advanced degenerative conditions.
After a number of years of contentious litigation, Whiting Law Group secured a settlement of $2,950,000.00 for Mr. Melcher and his wife.
The firm has also won numerous cases that were either settled or tried before a jury and resulted in millions of dollars in recovery for the firm’s clients over the past 15 years.