STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY

BRANCH I

Chris Brown
123 Lalaloopsy Ln. Case No. 2019 CV 4257
Madison, WI 53704
Plaintiff,
19 Wrongful Death: 30105
vs.

Harriet Green Amount claimed is greater

than $10,000
425 Wonderful Rd.
Madison, WI 53706
Defendant.

ANSWER & COUNTERCLAIM

ANSWER

Defendant, Harriet Green by his attorney, Sarah Butcher, answers the Plaintiff’s
complaint as follows:

THE PARTIES

1. Plaintiff, Chris Brown, (hereinafter “Plaintiff”) resides at 123 Lalaloopsy Ln,

Madison, WI, 53704.

2. Defendant, Harriet Green, (hereinafter “Defendant”) resides at 425 Wonderful Rd,

Madison, WI, 53706.
 CLAIM AGAINST DEFENDANT FOR NEGLIGENCE – BREACH OF DUTY OF
LOOKOUT

3. Answering Paragraph 3 of Plaintiff’s Complaint, admits.

4. Answering Paragraph 4 of Plaintiff’s Complaint, admits.

5. Answering Paragraph 5 of Plaintiff’s Complaint, denies.

6. Answering Paragraph 6 of Plaintiff’s Complaint, admits.

7. Answering Paragraph 7 of Plaintiff’s Complaint, admits.

8. Answering Paragraph 8 of Plaintiff’s Complaint, is without knowledge or

information sufficient to form a belief as to the truth of the allegations and
therefore denies the same and puts the Plaintiff to his strictest proof regarding the
same.

9. Answering Paragraph 9 of Plaintiff’s Complaint, admits.

10. Answering Paragraph 10 of Plaintiff’s Complaint, is without knowledge or

information sufficient to form a belief as to the truth of the allegations and
therefore denies the same and puts the Plaintiff to his strictest proof regarding the
same.

AFFIRMATIVE DEFENSE

11. The defendant asserts that the decedent’s own reckless actions of speeding
through a yellow light (see Wis. Stat. § 346.37(1)(b)) make it so the plaintiff is
more than 50% negligent and is therefore barred from recovery due to the
common law Wis. Stat. §§ 802.02(3) and 895.045(1).

COUNTERCLAIM
Defendant, Harriet Green by his attorney, Sarah Butcher, alleges the following
Counterclaim against Plaintiff:
 General Allegations

12. Plaintiff filed a Complaint against Defendant, which is incorporated into this
Counterclaim by reference.

13. Defendant filed an Answer, which is incorporated into this Counterclaim by

reference.

CLAIM AGAINST PLAINTIFF FOR

FAILURE TO OBEY TRAFFIC LAWS & RECKLESS DRIVING

14. On February 18, 2018, at approximately 5pm, at East Washington Avenue,

Madison, Dane County, WI, the Defendant was driving eastward toward his
home, and came to the intersection of East Washington Ave. and Stoughton Road.

15. At the previously described time and place, Defendant drove a Toyota Rav4,
intending to turn left from eastbound East Washington Avenue onto northbound
Stoughton Road during rush hour traffic.

16. Defendant waited patiently for traffic to ease, keeping careful look out for any on
coming vehicles.

17. While the traffic light was green, Defendant slowly and safely inched out into the
intersection, preparing to make his turn at the appropriate time.

18. When the light turned yellow, a semi truck westbound on East Washington
Avenue appropriately came to a halt before entering the intersection.

19. Defendant, being in the intersection prior to the green light turning yellow, looked
out again for oncoming traffic, a final time before deciding to turn left.

20. As Defendant turned left, the decedent, in her Mazda 3s, recklessly sped through
the intersection long after the light had turned yellow.

21. By the time Defendant saw decedent, it was too late and the cars collided with one
another in a violent crash.
22. The impact caused the Mazda 3s to roll and the fuel tank to catch fire, while
simultaneously knocking decedent unconscious.

23. Defendant suffered injuries all over his body, to include broken ribs, a compound
fracture in his right leg, and a multitude of soft tissue damage.

24. Officer Jeffrey Blue gathered information from both cars, and found that the
decedent had excessively exceeded the speed limit at the time of the crash.

25. Because the decedent violated state law on speeding and not yielding at a yellow
light, the violation warrants that the decedent, and therefore the plaintiff, is more
than 50% negligent in this incident.

26. Because of the reckless and negligent behavior of the decedent, defendant
suffered extensive injuries both physically and mentally.

27. The defendant has undergone several medical procedures such as reconstruction
of his right leg and monitoring the healing of his broken ribs.

28. Defendant will be in physical therapy for an indefinite amount of time for his leg,
though it will never be as good as it once was.

29. Because of this, Defendant will never be able to competitively play Frisbee-golf
again – a sport that he has played consistently every year since he was 10, and a
sport around which most of his social group is formed.

30. Defendant was prescribed heavy-duty pain killers for the immense amount of pain
he experience, and became dangerously addicted to them.

31. This addiction forced Defendant to seek psychiatric help, as well as enter a 12-
step program, and further rehabilitation programs.

32. Through battling his addiction, Defendant endured painful symptoms of

withdrawals.

33. Aside from his psychiatric treatment for his addiction to opiates, Defendant has
also been formally diagnosed with PTSD as a result from the accident.

34. PTSD causes the Defendant to be sleep deprived, always reliving nightmares of
being forced to watch the decedent in his last hours.
35. The Defendant can no longer drive himself, and finds that he is continually
anxious in vehicles of any kind.

36. The Defendant’s inability to drive due to his PTSD has created a burden for his
loved ones, and caused strain in his personal relationships.

37. The extensive injuries endured from the accident have cause the Defendant to be
unable to finish law school, a degree that he was just a few credits from
completing prior to the accident.

38. If Defendant cannot complete his J.D. (as it appears he cannot in this state), he
will be forced to forfeit the generous salary opportunity that comes with being an
attorney.

39. Not only will Defendant miss out on potential future earnings, but he also loses all
money invested thus far into law school.

40. Injuries of person aside, Defendant’s 2016 Toyota Rav4, having been taken care
of and having been in pristine condition prior to the accident was worth $25,000,
but is no longer functioning and completely totaled due to the recklessness of the
decedent.

41. The physical, mental, and emotional damages created by the decedent’s
carelessness and negligence are crippling burdens for Defendant, so he rightfully
argues that Plaintiff is more than 50% negligent and should be responsible for
making Defendant whole again.

WHEREFORE, Defendant demands judgment as follows:

a. Dismissing Plaintiff’s Complaint on the merits and with prejudice;

Granting Judgment on the Counterclaim for:

b. compensatory damages, as the court deems just

c. punitive damages, as the court deems just

 d. attorney’s fees

e. court costs

f. loss of future earnings

g. loss of investment in schooling

h. future related medical expenses as calculated in an estimate to the court

i. such further relief as the court may deem appropriate

JURY DEMAND

Defendant demands a trial by a jury of twelve.

Dated this 9th day of April, 2019.

Butcher & Associates, S.C.

Attorneys for the Defedant

________________________________________
Attorney Sarah Butcher
State Bar No. 1120276

28 E. Doty Street, Suite 507

1-888-857-8298