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Case of the Month January 2019
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Case of the Month January 2019

Icy Parking Lot Slip, Fall

Barbolla v. Jimmy's Hawg Heaven

Case Type:
Premises Liability - Tavern
Premises Liability - Parking Lot


Specific Liability:
xx

General Injury:
Fracture of One Ankle

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Related Court Documents:
Plaintiff's amended complaint: 2018 WL 6003157
  • Verdict form: 2018 WL 6003023
  • Judgment: 2018 WL 6016581

    Case Name:
    Barbolla v. Jimmy's Hawg Heaven Inc. A/K/A Jimmys Hawg HEaven L.L.C.; Society Insurance

    Docket/File Number:
    2016-CV-001188

    Result Amount:
    $257,356
    Judge Reduced Award To: $154,413


    Result Date:
    June 28, 2018

    Judge:
    Anthony Milisauskas

    Attorneys:
    Plaintiff: Michael E. Maher, Salvi & Maher L.L.C., Waukegan, IL
    Defendant: Jeffrey Leavell, Jeffrey Leavell S.C., Racine, WI
    Defendant: Kris Bartos, Jeffrey Leavell S.C., Racine, WI

    Result Type:
    Jury

    Experts:
    Plaintiff: Not reported
    Defendant: Not reported

    Breakdown of Award:
    Total: $257,356
    Judge Reduced Award To: $154,413
    Compensatory Pain & Suffering: $202,645
    Compensatory Past Medical: $49,693
    Compensatory Past Wages: $5,018
    Total Compensatory Award: $257,356
    Final Demand: $95,000
    Final Offer: $10,000
    Comparative Negligence Percentage: 40

    Summary of Facts:
    Amanda Barbolla, an adult female patron of defendant Jimmy's Hawg Heaven Inc. a/k/a Jimmy's Hawg Heaven L.L.C., reportedly suffered an open right ankle fracture and dislocation, requiring surgery and physical therapy, when she slipped and fell on black ice while walking in the parking lot. The plaintiff contended that the defendant organized the parking lot as part of a snowmobile trail, which caused the dangerous and unnaturally slippery condition near the front entrance, failed to clear snowmobile tracks from the parking lot, negligently plowed the parking lot by creating a large snow bank that caused run-off and became black ice, and failed to have proper drainage near the front entrance. The defendant denied liability.

    Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

    Westlaw Citation:
    2018 WL 6182448



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