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Date: 06-08-2019

Case Style:

Zongjian and Weign Jiang and Estate of Emily Zhu v. Brian Hodgson

Case Number: 2016CV000567

Judge: Valerie L. Bailey-Rihn

Court: Circuit Court, Dane County, Wisconsin

Plaintiff's Attorney: Clayton Charles Griessmeyer

Defendant's Attorney: Ward Richter, Daniel Adam Graff and David G. Ress

Description:

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Madison, WI - Zongjian and Weign Jiang and Estate of Emily Zhu and Estate of Emilly Zhu sued Brian Hodgson on a personal injury wrongful death auto negligence theory claiming that the bicycle car wreck accident that resulted in the death of Emily in June 2015 was caused by Hodgson's failure to exercise due care in the operation of his vehicle.

The defendant denied fault.


12:59 PM Reporter Erin Rauber. Attorney Clayton Charles Griessmeyer in court for Plaintiff Estate of Emilly Zhu By Special Administrator Zongjian Zhu, Plaintiff Zongjian Zhu, and Plaintiff Weiqin Jiang. Attorney David G. Ress in court for Defendant Brian J. Hodgson and Defendant IDS Property Casualty Insurance Company. Court addresses issues prior to the jury trial. Reviews opening instructions, voir dire process, other issues. Court and counsel discuss.


08:48 AM Reporter Ed Johnson. Plaintiff Zongjian Zhu in court with attorney Clayton Charles Griessmeyer. Plaintiff Weiqin Jiang in court. Attorney Clayton Charles Griessmeyer in court for Plaintiff Estate of Emilly Zhu By Special Administrator Zongjian Zhu, Plaintiff Zongjian Zhu, and Plaintiff Weiqin Jiang. Defendant Brian J. Hodgson in court with attorneys David G. Ress and Ward I. Richter. Attorney David G. Ress in court for Defendant Brian J. Hodgson and Defendant IDS Property Casualty Insurance Company. Interpreters duly sworn. Court addresses preliminary issues regarding jury instructions. Potential jury panel present at 9:50am and oath given. Exhibit(s) 249 marked. Voir dire by Court, Plaintiff, Defense. Strikes exercised. Final panel selected. Court in recess until after lunch at 11:25am.


12:47 PM Court Reporter Ed Johnson. All appearances are the same as Jury Selection. Jury Trial Day 1. Jury present at 12:52 PM. Final Oath given. Initial Jury Instructions given by Court. Opening statement given by atty Gressmeyer on behalf of Plaintiff. Opening statement given by Atty. Ress on behalf of Defendant. Atty Gressmeyer calls Witness B.M. Duly sworn and testified. Exhibit #10 offered, received and admitted by Court. Defense cross examines witness B.M. Witness B.M. excused. Atty Gressmeyer calls witness T.H. Duly sworn and testified. Witness cross examined by atty Ress. witness T.H. excused. Atty Gressmeyer calls witness R.P. Duly sworn and testified. Witness R.P. excused. Atty Gressmeyer calls witness T.R. Duly sworn and testified. Witness T.R. excused. Atty Gressmeyer calls witness T.P. Duly sworn and testified. Witness T.P. excused. Atty Gressmeyer calls witness D.R. Duly sworn and testified. Jurors excused for afternoon break at 2:27 PM. Back on the record and Jurors present at 2:37. Witness D.R. excused. Atty Gressmeyer calls witness R.Z. Duly sworn and testified. Witness R.Z. excused. Deposition testimony of J.F was read. Court explains the process of deposition statement and transcript to Jurors. Exhibit #75 offered, received and admitted by Court. Atty Gressmeyer calls witness S.F. Duly sworn and testified. Jurors excused for break at 3:45 PM. Witness S.F. excused. Court takes recess at 3:47 PM. Court is back from recess at 4:02. Jurors present 4:04 PM. Atty Gressmeyer calls witness S.M. Duly sworn and testified. Exhibit #47 offered, received admitted by Plaintiff. Plaintiff moved exhibit #74 into evidence and it has been admitted. Jury excused at 4:44 PM. Exhibits 4, 10, 47, 75, 208 reviewed. Exhibits 10, 47, 75, offered and received. Jury excused at 4:44 PM for the day and reminded to be present between 8:00 and 8:30 Court in recess at 4:50 PM.


08:43 AM Reporter Ed Johnson. Jury Trial Day 2. Plaintiff Estate of Emilly Zhu By Special Administrator Zongjian Zhu in court with attorney Clayton Charles Griessmeyer. Defendant Brian J. Hodgson in court with attorneys David G. Ress and Ward I. Richter. Plaintiff Zongjian Zhu in court. Plaintiff Weiqin Jiang in court. Court addresses issues outside of the jury. Jury present at 8:57am. Defendant Brian Hodgson duly sworn and testified. Direct exam by Atty Griessmeyer. Deposition of Brian Hodgson (exhibit 57) opened and used for testimony review/impeachment. Jury excused at 10:24am for morning break. Court in recess. Back on the record at 10:43am. Court addresses issues outside of the jury. Counsel give arguments. Court rules. Jury present at 10:54am. Continued direct exam of Defendant who is reminded he is still under oath. Cross exam by Atty Ress. Jury excused for lunch at 11:45am. Court in recess. Back on the record at 1:05pm. Court addresses issues outside of the jury. Jury present at 1:14pm. Appearances are the same. Continued cross exam. Re-direct exam by Atty Griessmeyer. Re-cross exam by Atty Ress. Witness C.S. duly sworn and testified. Direct exam by Atty Griessmeyer. Cross exam by Atty Richter. Jury excused at 3:20pm for afternoon break. Court in recess. Back on the record at 3:40pm. Appearances are the same. Jury present at 3:41pm. Witness reminded he is still under oath. Continued cross exam. Re-direct exam by Atty Griessmeyer. Re-cross exam by Atty Richter. Witness excused. Witness Z.K. duly sworn and testified. Direct exam by Atty Griessmeyer. No cross. Witness escused. Witness K.F. duly sworn and testified. Direct exam by Atty Griessmeyer. No cross. Witness excused. Witness J.E. duly sworn and testified. Direct exam by Atty Griessmeyer. Cross exam by Atty Ress. Re-direct exam by Atty Griessmeyer. Witness excused. Jury excused for the day at 4:45pm. Exhibits 1,2,4,8,12,14,15,20,32,35,36,50,57,65,71,73,81,83,86,91,94,95,212,215,221,240a marked and reviewed. Exhibits 1,2,8,12,14,15,20,35,36,73,81,83,86,91,94,95,212,215,221,240a,249 offered and received. Exhibit(s) 50,73 received over objection. Court addresses a daubert motion regarding testimony of a potential witness. Counsel give arguments and answer questions of the Court. Court will review and rule tomorrow morning. Court in recess in at 5:15pm.


10:04 AM Reporter Ed Johnson. Jury Trial Day 3. Plaintiff Estate of Emilly Zhu By Special Administrator Zongjian Zhu in court with attorney Clayton Charles Griessmeyer. Plaintiff Zongjian Zhu in court with attorney Clayton Charles Griessmeyer. Plaintiff Weiqin Jiang in court with attorney Clayton Charles Griessmeyer. Defendant Brian J. Hodgson in court with attorneys David G. Ress and Ward I. Richter. Court addresses issue outside the jury. Interpreters duly sworn. Plaintiffs duly sworn. Plainitiffs give testimony to questions of the Court. Court makes ruing on issue. Jury present at 10:15am. Plaintiff Weiqin Jiang duly sworn and testified. Direct exam by Atty Griessmeyer. Jury excused at 11:01am. Court addresses people observing in the gallery. Court addresses issue brought up by one of the interpreters. Court rules on the issue. Court addresses issue regarding testimony. Counsel give argument and the Court rules. Court addresses possible juror issue. Juror is brought in to discuss Juror sworn. Jury present at 11:32am. Continued direct exam. Witness reminded she is still under oath. No cross. Plaintiff Zongian Zhu duly sworn and testified. Direct exam by Atty Griessmeyer. Jury excused for lunch at 11:55am. Court takes short lunch break. Back on the record at 12:34pm. Appearances the same as before Court holds Daubert Hearing. Witness Dr Randall Wojciehoski appears by phone means and is duly sworn. Exam by Atty Giessmeyer. Exam by Atty Richter. Court makes ruling. Jury present at 1:15pm. Plaintiff Zongian Zhu retakes the stand and reminded he is still under oath. Continued direct exam. No cross. Jury excused at 2:15pm for afternoon break. Court in recess. Back on the record at 2:29pm. Appearances are the same. Jury present at 2:32pm. Atty Griessmeyer reads in deposition marked as exhibits 250. Plaintiff rests. Defense has not further witnesses. Jury excused for the day at 3:07pm. Exhibits 21,32,46,54,57,89,90,93,205,208,240,250 reviewed, offered and received. Court and counsel hold jury instruction conference and finalize instructions and special verdict. Court in recess at 4:45pm.


08:54 AM Reporter Ed Johnson. Jury Trial Day 4. Plaintiff Estate of Emilly Zhu By Special Administrator Zongjian Zhu in court with attorney Clayton Charles Griessmeyer. Plaintiff Zongjian Zhu in court with attorney Clayton Charles Griessmeyer. Plaintiff Weiqin Jiang in court with attorney Clayton Charles Griessmeyer. Defendant Brian J. Hodgson in court with attorneys David G. Ress and Ward I. Richter. Court addresses issues outside of the jury. Defense marks exhibits 251 and 252 for the record but will not be received. They will be docketed as "Other Papers". Jury present at 9:15am. Atty Griessmeyer gives closing argument. Jury excused for morning break at 10:50am. Court in recess. Back on the record at 11:10am and jury present. Appearances are the same. Atty Ress gives closing argument. Atty Griessmeyer gives rebuttal final argument. Alternates drawn. Jurors #8 and 11 excused from service. Court reads final instructions. Bailiff oath given. Jury excused for deliberations at 12:19pm. Court and counsel agree that exhibits will be sent back only if they are requested. Court in recess. Back on the record at 3:02pm and jury present. Verdict read. Question 1 answer yes. Question 2 answer yes. Question 3 answer no. Question 6 answer a) $127,177.79, b) $10,000,000.00, c) $9,328.69, d) $5,000,000.00. Jury excused from service at 3:05pm. Court addresses counsel. Court adjourned.

Outcome: Plaintiffs' verdict for $15 million.

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