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Case of the Month June 2021

Falling Metal Pipes Injure Janitor

Huskanovic v. Contruction Forms Inc.

Case Type:
Work Accidents - Service Industry
Premises Liability - Factory Accident

Specific Liability:
Failure to properly secure metal pipes

General Injury:
Fracture of One Ankle

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

Related Court Documents:
Plaintiff's complaint: 2018 WL 11295487
Defendants pretrial report: 2019 WL 11837011
Plaintiffs pretrial report: 2019 WL 11837012

Case Name:
Huskanovic v. Construction Forms, Inc.; Continental Casualty Company

Docket/File Number:
2018-CV-002158

Result Amount:
$150,000

Result Date:
January 01, 2020

Judge:
Not Available

Attorneys:
Plaintiff: Frank T. Crivello, Warshafsky, Rotter, Tarnoff & Bloch S.C., Milwaukee, WI
Plaintiff: Keith E. Trower, Warshafsky, Rotter, Tarnoff & Bloch, S.C., Milwaukee, WI
Defendant: W. Wayne Siesennop, Siesennop & Sullivan, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Medical Expert: Wichman, Mathew, M.D., Aurora Orthopedics, Milwaukee, WI
Defendant: Not Reported

Breakdown of Award:
Total Compensatory Award: $150,000

Summary of Facts:
Idriz Huskanovic, a 56-year-old male employed as a janitor, reportedly suffered a grade II nondisplaced medial malleolus open fracture of his left ankle which required surgery and for which he was assigned a 12 percent permanent partial impairment rating, when, during the course and scope of his employment with a non-party cleaning service, on property owned and controlled by defendant Construction Forms Inc., insured through defendant Continental Casualty Company, he took a break from cleaning and sat on a stack of large steel pipes, causing them to move and resulting in his injuries. The plaintiff, whose wife sued for loss of services, contended the defendant failed to properly secure the metal pipes at issue, creating a dangerous and unsafe condition, failing to warn of same and failure to maintain the premises in as safe a condition as the circumstances would reasonably permit. The defendant denied liability and claimed the plaintiff was comparatively negligent. The parties reached a settlement in the matter.

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

Westlaw Citation:
2020 WL 9074468