Case Name:	Simmons V Mckillip et al
Case Number:	LACV107847
Date of Trial:	07/29/2022		Venue:	Dubuque County
Casetype/Claims:	motor Vehicle negligence, personal injury
Judge:	Michael J Shubatt
Plaintiff's Counsel:	Todd N Klapatauskas, Samuel Aaron Wooden		Defendant's Counsel:	Aaron Wehde Lindebak
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
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.
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 Statement of Case Defendant: This is a civil case brought by the plaintiff, Mark Simmons, against the defendants Nancy Anne McKillip and Dale Leibfried. On July 21, 2016, Plaintiff was in a car driven by Dale Leibfried. As the vehicle traveled on Old Highway 20 to Sundown Road, Simmons was seated in the back passengers-side seat as Leibfried drove. At the same time, the insured, Nancy McKillip, was traveling east on Humke Road. Ms. McKillip had stopped at the intersection and proceed into the intersection and a collision occurred. Simmons claims he was physically injured as a result of the motor vehicle collision and alleges his injuries were caused by the negligence of McKillip. Simmons also alleges that Leibfried was contributorily negligent. The defendants, collectively, deny liability for the accident and that the motor vehicle accident caused Simmon’s injuries to the extent Simmons claims. In this case, Plaintiffs claim Defendant Bailey Nosbisch was negligent in the operation of a motor vehicle with respect to a motor vehicle accident that occurred on January 18, 2019, and that negligence was the cause of Plaintiff’s damages. Plaintiffs also allege that Defendant Bailey Nosbisch is subject to punitive damages for his actions. Defendant Bailey Nosbisch admits he is responsible for the accident itself but alleges that Plaintiff Adison Kapping was at fault as well due to the fact that she chose to ride in a vehicle driven by a driver who had used marijuana and showed signs of intoxication. Defendant also denies the extent of damages as alleged by Plaintiffs.
Injuries alleged:
Official Jury Verdict Form:
Simmons vs Mckillip and Leibfried verdict form.pdf
Documents of interest: (when available)
Return to Jury Verdict Reporter Database
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