Three-week civil trial over crash that paralyzed Chi-Hi student nears

June 11--CHIPPEWA FALLS -- If you have jury duty in Chippewa County next week, you may want to stop reading now -- you might be selected to sit on a civil trial that could last up to three weeks.

Carlea Jo Lauer, now 22, was a Chippewa Falls High School sophomore when she was paralyzed below the waist from injuries suffered in a crash on Feb. 9, 2010, on eastbound Interstate 94 near Wisconsin Dells, when the car driven by her older brother collided with a semi parked on the side of the road.

Lauer suffered the most severe injuries. Along with being paralyzed, her back was broken, and doctors had to put a rod and screws in her back.

Her left arm also was broken in two spots, and she required an operation on her intestines.

She spent 107 days at St. Mary's Hospital in Madison and Gillette Children's Hospital in the Twin Cities, recovering from her injuries and undergoing rehabilitation.

Lauer, along with Daniel G. Lauer and Diane M. Miller, are listed as plaintiffs in the case. They are suing Gertsen Interstate systems, the driver of the semi Michael K. Johnson, and Acuity, a Mutual Insurance Co.

After numerous delays in recent years, the trial is slated to begin Tuesday in Judge James Isaacson's courtroom. The trial could run as long as three weeks, through July 1.

The Chippewa County Clerk of Courts office reports that 150 jurors will be brought in to possibly be seated on the jury.

The trial was slated to begin last July 13, but a series of last-minute motions caused the nearly year-long delay.

In previous court hearings, Eau Claire attorney Dana Wachs, who is representing Lauer, argued that semi driver Johnson had "negligent training and supervision." He contends the company is liable for hiring Johnson in the first place because of his record.

However, Isaacson ruled that Johnson's prior driving record -- a couple speeding tickets -- would be inadmissible. Isaacson said if he allowed testimony about Johnson's prior driving record, he would have to also allow the jury to hear that Carlea's brother, Dan Lauer, has four prior drunken driving convictions and a negligent operation of a motor vehicle conviction.

Isaacson said neither driver's past record should be considered a factor in how the 2010 crash occurred.

Defense attorney Arthur Simpson noted that Johnson had missed his exit, so he pulled over to the side of the road to clean ice off his windshield, prior to the accident.

"He's not speeding, he's not drunk," Simpson said in a prior court hearing. "We're going to (base) this case on the facts of the accident, and not a character assassination."

Isaacson said the jury will be in charge of determining which driver was negligent and to what degree, or percent, of fault.

Dan Lauer's wife, Ashley Kressin, was in the passenger seat, and their three-year-old son, Trey Lauer, was sitting behind Dan. Carlea Jo Lauer, Dan's sister, was sitting behind Ashley, when their car struck Johnson's semi.

Everyone in the car suffered some injuries, even though everyone was wearing seatbelts.

Kressin suffered multiple rib fractures and a laceration to her spleen, court records state. In September 2013, Isaacson approved a $500,000 settlement to cover the medical costs incurred by Ashley Kressin and Trey Lauer.

Carlea Jo Lauer returned to school in the fall of 2010 and rejoined the Chi-Hi dance team, in her wheelchair, at the center of the team's performances. She graduated in May 2015 -- a year early -- from UW-Stout with a degree in vocational rehabilitation.

Contact: 715-723-0303, [email protected]

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