Couple suing city of Eau Claire, plow truck driver

June 30--A Lake Hallie couple is suing the city of Eau Claire for a February traffic crash involving a municipal plow truck.

Jason and Jamie Yang filed the lawsuit last month in Eau Claire County against the city, plow truck driver Brian Zich, Eau Claire's insurance provider and the Yangs' own insurer.

The Yangs are seeking $250,000 for medical expenses, lost wages, pain and suffering, and loss of companionship stemming from the collision of the plow truck and the SUV driven by Jason Yang, 37.

The crash happened at about 5 a.m. Feb. 24 on Highway 312 on the city's north side during a snowstorm, according to an Eau Claire Police Department report. The plow truck driven by Zich, 60, was in the right turn lane on Mercury Avenue when it skidded past a stop sign and into the westbound lane of Highway 312. That put the truck into the path of the 2017 Toyota Highlander driven by Yang, who told police he couldn't stop in time when he realized the truck wasn't stopping.

Yang's vehicle suffered heavy front-end damage, its airbags deployed in the crash and it had to be towed from the scene. There was minor damage to the 2010 International truck owned by the city.

Attorneys representing Zich, the city and insurance companies put responsibility of Yang's injuries on himself.

"Yang failed to exercise due and ordinary care for his own safety," Eau Claire attorney Fred Morris wrote on behalf of the city and Wisconsin Municipal Mutual Insurance Co. in court documents filed on June 1.

R. Fletcher Koch, a Brookfield-based attorney for Yang's insurer -- The Standard Fire Insurance Co. -- wrote on June 9 that his injuries were due in whole or part to his own actions or omissions.

Morris also alleges Yang's injuries and claimed damages could've existed before the crash.

The Eau Claire police report about the crash lists no apparent injuries to Yang, and he did not require an ambulance to drive him to a hospital for medical treatment.

Morris' filing mentions that Zich's plow truck had been unexpectedly skidding on the road in the crash, but the driver acted reasonably in response to that. Zich's plow truck was traveling downhill in heavy snow.

In his remarks in the crash report, police Officer Nick Rusin wrote that Zich drove too fast for conditions whereas Yang made no actions that contributed to the crash.

Morris has requested that Eau Claire County Judge John Manydeeds dismiss the case while Koch asked for a jury trial. As of Wednesday, there were no upcoming court dates scheduled for the case.

Contact: 715-833-9204, [email protected], @ADowd_LT on Twitter

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