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Case of the Month November 2014

Concrete Truck Chute Breaks, Strikes Individual

Lamers v. Pagano

Case Type:
Labor & Employment - Work Place Injury
Premises Liability - Falling Object
Premises Liability - Negligent Repair/Maintenance

Specific Liability:
Concrete truck chute broke during repositioning with concrete flowing and struck individual

General Injury:
Unspecified personal injuries; medical expenses

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Related Court Documents:

Plaintiffs' complaint: 2012 WL 117800053

Order for settlement: 2014 WL 3977714

Stipulation and order for dismissal: 2014 WL 3975316

Case Name:
Steve Lamers and Doris Lamers, plaintiffs North Central States Regional Council of Carpenters' Health Fund, involuntary plaintiff v. Anthony Pagano, Carew Concrete and Supply Company Inc., Carew Trucking Inc., West Bend Mutual Insurance Company, ABC Individual or Company, and ABC Insurance Company

Docket/File Number:
2012-CV-000640

Result Amount:
$225,000

Result Date:
May 22, 2014

Judge:
Michael W. Gage

Attorneys:
Plaintiffs: Patrick J. Coffey, Menn Law Firm, Ltd., Appleton, WI; Ian M. Mevis, Menn Law Firm, Ltd., Appleton, WI
Defendants: Mark T. Budzinski, Corneille Law Group LLC, Green Bay, WI; Heidi D. Melzer, Cornielle Law Group LLC, Green Bay, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$225,000.00 to plaintiffs

Summary of Facts:
Steve Lamers, an employee of Oudenhoven Construction Inc., was reportedly at Neenah Foundry May 7, 2009. Anthony Pagano, acting as an agent or employee of Carew Concrete and Supply Company Inc. and/or Carew Trucking, allegedly was repositioning a concrete truck when the extended chute, with wet concrete still flowing, broke under the weight and struck Steve in the head and back and covered him in wet concrete. Steve allegedly sustained personal injuries as a result of the incident.

Carew Concrete and Carew Trucking were reportedly insured by West Bend Mutual Insurance Company.

Steve and his spouse Doris Lamers filed a lawsuit against Pagano, Carew Concrete and Supply Company Inc., Carew Trucking Inc., and West Bend Mutual Insurance Company in the Outagamie County Circuit Court. The plaintiffs alleged Pagano was negligent in the operation of the concrete truck in failing to stop the flow of concrete before repositioning the chute. They also claimed Safe Place Violation. Steve sought compensation for his personal injuries, pain and suffering, disability, medical expenses, loss of earnings, and loss of earning capacity. Doris made a claim for loss of consortium.

The parties reached a settlement in the amount of $225,000.

Judge Michael W. Gage approved the terms of the settlement May 22, 2014.

Court: Circuit Court of Wisconsin, Eighth Judicial District, Outagamie County.

Westlaw Citation:
2014 WL 4441445