Personal Injury Attorney

Milwaukee, Wisconsin

Bicycle Accidents

$2.5 Million Injured Bicyclist Settlement

Cedarburg woman hurt, husband killed by runaway trailer in 1995

By Meg Jones of the Journal Sentinel staff May 20, 1997

A Cedarburg woman who was seriously injured and whose husband died when they were struck by a runaway trailer during a bicycle ride has settled with the company that owned the truck for $2.5 million.

Linda Schmalz, 49, suffered nine fractured vertebrae, broken ribs and numerous cuts and bruises in the accident that killed her husband, Lawrence Schmalz, 52. Also killed in the accident was Margaret Eichers, 41, of Grafton.

"Hopefully, I'll be able to move on now," Schmalz said in a phone interview Monday. "The whole thing has been weighing on me for almost two years."

The accident happened in Neillsville during the Great Bike Ride Across Wisconsin when a trailer broke loose from a truck owned by Steenberg Homes Inc. on Aug. 8, 1995. The trailer struck the three bicyclists as they pedaled across a bridge.

The Marshfield firm was ticketed for failing to fasten safety chains connecting the truck cab and trailer that would have prevented the accident.

Terry Davczyk, Steenberg's attorney, said the settlement is not an admission of wrongdoing on the company's part.

"It's a little complicated at this point. We have settled with the families but we are pursuing the manufacturer of the hitch, so the lawsuit isn't over," said Davczyk.

He said Steenberg "regrets" the accident and has tried "to try and reach a quick and fair settlement with all the families and has taken the unusual move of settling with the families before the (civil) trial."

But Schmalz said she wished the firm had apologized to her and Eichers' family.

"No amount of money is going to bring any of them back. It's just frustrating," she said.

Schmalz's attorney, Willard Techmeier, said the out-of-court settlement means Schmalz will not have to testify in a civil lawsuit scheduled to go to trial in Ozaukee County in September. Steenberg Homes is suing Venture Manufacturing, the Indiana company that made the trailer hitch.

"She's very relieved to have this behind her. She was not looking forward to a trial and having to relive this experience over again," said Techmeier.

Techmeier said her injuries left her with "a significant disability which restricts her in her daily life."

"She's hopeful that trucking firms in the state of Wisconsin have learned something from this and become more conscientious with regards to public safety, training of their people and maintenance of their equipment," said Techmeier.

Schmalz said she is in constant pain and has difficulty sitting but has been able to push herself and return to work part time. She also returned to bicycling, a sport she and her husband often enjoyed along with Eichers, a family friend.

"Yes, I've gone back to biking. Mentally, I felt like I needed to. It's helping me to deal with the fact that I shouldn't blame myself for the accident," she said.

Eichers' family settled for $750,000 last fall. Schmalz's settlement includes payment for both her injuries and future care and her husband's death, said Techmeier.

Dan Oliver, the truck driver who did not attach safety chains that could have prevented the trailer from separating from the truck, was fired shortly after the accident. He later pleaded no contest to failure to fasten the safety chains and was fined $114.

Davczyk said Oliver's failure to connect the chains was a violation of the company's safety policy. Steenberg is suing the trailer hitch maker because it "never should have opened," Davczyk said.

Correspondent Keith Edwards in Eau Claire contributed to this report.

Copyright 1997, Milwaukee Journal Sentinel. All rights reserved.