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| Case Name: | Simmons V Mckillip et al |
| Case Number: | LACV107847 |
| Date of Trial: | 07/29/2022 |  | Venue: | Dubuque County |
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| Casetype/Claims: | motor Vehicle negligence, personal injury |
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| Judge: | Michael J Shubatt |
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| Plaintiff's Counsel: | Todd N Klapatauskas, Samuel Aaron Wooden | | Defendant's Counsel: | Aaron Wehde Lindebak |
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| Verdict: | For Plaintiff. The jury found that Defendant was 75% at fault and Third Party Defendant was 25% at fault.
Past pain and suffering $115,000
Future pain and suffering $250,000
Past loss of function of body $50,000
Future loss of function of body $0
Total: $415,000 |
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| Demand Before Trial: | |
| Offer Before Trial: | : (offer to confess): $250,000 in new money. Defendant claimed credits for previous payments of $272,853.80, and that the offer therefore was equivalent to a $522,853.80 verdict. |
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Statement of Case:
On July 21, 2016 Nancy McKillip and Dale Leibfried were involved in a motor vehicle collision at the intersection of Humke Road and Sundown Road in Dubuque, Iowa. Mark Simmons was a backseat passenger in the Leibfried vehicle.
Mark Simmons claims that Nancy McKillip is negligent for failing to obey a stop sign and failing to yield to oncoming traffic. Mark Simmons claims Dale Leibfried is negligent for driving too fast. Mark Simmons claims that McKillip and Leibfried are at fault for causing the collision and his permanent injuries.
McKillip and Leibfried deny they acted negligently. McKillip claims Dale Leibfried’s negligence caused the collision. Leibfried claims that McKillip’s negligence caused the collision.
The parties dispute the damage |
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| Injuries alleged: | |
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| Official Jury Verdict Form: |
 Simmons vs Mckillip and Leibfried verdict form.pdf |
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Documents of interest:
(when available) | |
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