Cavanagh Law Group partners Tim Cavanagh and Mike Sorich on Jan. 10, 2022, obtained a $4,175,000 settlement on behalf of a Wisconsin man who was seriously injured when his pickup truck was struck by a tanker truck.
The case was set for trial on Jan. 10, 2022, in Walworth County Circuit Court. Cavanagh and Sorich obtained the settlement immediately before jury selection.
The crash occurred on July 11, 2019, as 39-year-old Curtis Lundin drove his pickup truck on Highway 67 at County Highway K in Sharon, Wisconsin. Lundin was heading west on Highway 67 when the driver of a tanker truck going north on Highway K pulled in front of Lundin and crashed into his pickup truck. The tanker truck had a stop sign, and Lundin had the right of way.
A lawsuit filed by Cavanagh Law Group alleged the tanker truck driver, Ramon Moreno Castillo, rolled the stop sign, failed to look and failed to yield the right of way. Defense attorneys claimed Castillo came to a complete stop and looked both ways and that Lundin was traveling 10 miles over the speed limit.
Cavanagh and Sorich retained an accident reconstruction expert to investigate.
“By breaking down the crash second by second,” Cavanagh said, “we were able to objectively prove that our client’s pickup truck was visible to the tanker truck driver if he was paying attention. The defendant driver testified that he never saw the pickup truck before the crash — which proves that he never looked contrary to his self-serving testimony that he looked. Our client’s devastating injuries could have been avoided if the defendant came to a complete stop and looked both ways.”
Lundin was airlifted to a hospital in Rockford, Illinois, and underwent numerous surgeries over the next two years. The lifelong Walworth County resident suffered a broken left humerus and a broken left tibial plateau. He continues to require physical therapy.
Liability was hotly contested in the case.
Defense attorneys argued Lundin was to blame because he was speeding and not paying attention. Black box data from Lundin’s vehicle proved he was driving 10 mph above the posted speed limit at the time of the crash. The defense further contested the nature and extent of Lundin’s injuries.
Cavanagh Law Group countered that while Lundin was speeding, it was ultimately Castillo’s inattentiveness that caused the crash. Cavanagh hired an accident reconstructionist and truck experts to criticize the tanker driver.
Had the case gone to trial, Cavanagh Law Group was prepared to present testimony from numerous experts, including Lundin’s treating physicians at UW Health University Hospital, orthopedic surgeons, a vocational rehabilitation expert, an economist, an accident reconstructionist and a trucking expert.
At the time of the July 2019 crash, Castillo was employed by and driving the tanker truck for Delco Transport, Inc., and The Delong Co., Inc.
“Our client’s life was completely upended by this crash,” Sorich said. “His injuries were so severe that he nearly lost his leg. He still requires physical therapy and has been unable to work. The entire incident could have been avoided if the tanker truck driver simply stopped, looked and let Curtis’s truck pass by.”
The Hon. David M. Reddy presided in the case titled: Curtis Lundin v. Ramon Moreno Castillo; Delco Transport, Inc.; The Delong Co., Inc.; Nationwide Insurance Company; Ironshore Specialty Insurance Company. Case No. 2019 CV 000452.