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Case of the Month March 2019
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Case of the Month March 2019

Blind Tenant Slips, Falls on Icy Sidewalk

McBrayer v. Society Insurance

Case Type:
Premises Liability - Fall
Premises Liability - Apartment Complex (Exterior)


Specific Liability:
Defendant allegedly failed to remove ice from the sidewalk, which created a dangerous condition

General Injury:
L5-S1 disc herniation, requiring surgery

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiff's complaint: 2016 WL 11527520
Plaintiff's pretrial report: 2017 WL 10620943
Verdict form: 2018 WL 6438046

Case Name:
McBrayer v. Society Insurance, A Mutual Company; Brockwood Pool, L.L.C. d/b/a Tosa Village Apartments

Docket/File Number:
2016-CV-007580

Result Amount:
$450,866


Result Date:
July 18, 2018

Judge:
William Sosnay

Attorneys:
Plaintiff: William J. Waltenberger, Gruber Law Offices L.L.C., Milwaukee, WI
Plaintiff: Timothy S. Knurr, Gruber Law Offices L.L.C., Milwaukee, WI
Defendant: Arthur P. Simpson, Simpson & Deardorff S.C., Milwaukee, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total: $450,866
Compensatory Pain & Suffering: $175,000
Compensatory Past Medical: $268,597
Compensatory Past Wages: $7,269
Total Compensatory Award: $450,866
Final Demand: $475,000
Comparative Negligence Percentage: 40

Summary of Facts:
James McBrayer, a legally blind adult male frequenter on property owned and maintained by defendant Brockwood Poll, L.L.C. d/b/a Tosa Village Apartments, reportedly suffered an L5-S1 disc herniation, requiring surgery, when he allegedly slipped and fell on a rear sidewalk near a parking lot due an accumulation of ice. The plaintiff contended that the defendant failed to remove ice from the sidewalk, which created a dangerous condition. He contended the cane he used was unable to alert him of the build-up of ice on the sidewalk. The defendant claimed the plaintiff walked over the area several times that day without incident, and the plaintiff acknowledged that he was aware that there was a bucket of de-icing salt along the walkway. The jury awards for past medical expenses and past loss of earning capacity were answered by the court.

Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2018 WL 7132706


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