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Volume 4, Issue No. 7
July 2002
NE0207 # 1 -- Head-on Collision on Icy Highway - Permanent
Disabling Brain Injury - $4,125,000 Settlement
R.
Joseph Aufenkamp and Vernette Aufenkamp,
vs.
William A. Jackson, et al.
U. S.
District Court, District of Nebraska, Case No. 01 CV 213
Plaintiffs Attorney: William E. Gast, Dennis E. Koley.
Defendant's Attorney: John M. Bums.
Defendant's Insurance: Protective Insurance.
Plaintiff's Experts: Gail Leonhardt, Vocational
Rehabilitation (Omaha, NE); Calvin Naegelin, Meteorologist; Tracy
Wingate, Life Care Planner (Olathe, KS); Jose Poblador, M.D.,
Physiatrist (Lincoln, NE); Roger Riss, Ph.D., Neuropsychologist
(Lincoln, NE); Jerome Sherman, Ph.D., Economist (Omaha, NE); Judy
Treinen, M.D., Psychotherapist (Omaha, NE); Doug Page, Physical
Therapist (Omaha, NE); Britt Thedinger, M.D., Otolaryngologist
(Omaha, NE); Richart Seitz, M.D., Internist (Fremont, NE).
Defendant's Experts: None disclosed.
Plaintiff's Age: 49. Work: Valmont Industries Plant
Supervisor.
Facts: Plaintiff was returning home from work, driving
southbound on Highway 275 north of Scribner on February 7, 2001.
Defendant was driving a semi-truck traveling northbound in the
same vicinity. An ice storm had made the highway treacherous and
Defendant lost control of his truck and slid across the
center-line. Plaintiff was unable to avoid colliding head-on with
the out-of -control rig.
Injuries: Plaintiff suffered facial fractures and a closed
head injury with multiple permanent effects, including balance and
coordination problems, extremity weakness, and short term memory
loss.
Medical Bills: $300,000.
Lost Wages: Plaintiff was unemployable after the accident and
alleged lost wages of $45,800 annually.
Settlement: This case was successfully mediated while
Plaintiffs motion for partial summary judgment on the issue of
liability was pending. The parties agreed to a structured
settlement with present value of $4,125,000. Total of guaranteed
payments exceeded $10,000,000. Defendant's liability limits
totaled $9,500,000.
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