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Case of the Month July 2015

Ladder Fall Returns $1M

Almond v. Sheboygan Falls Ins. Co.

Case Type:
Premises Liability - Fall
Premises Liability - Ladder

Specific Liability:
Fall: Private Property

General Injury:
Heel Fracture; General Arthritis

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

Related Court Documents:
Plaintiffs' complaint: 2012 WL 12146124
Stipulation and order for dismissal: 2015 WL 2344574 Verdict form: 2014 WL 8843197

Case Name:
Almond v. Sheboygan Falls Ins. Co.

Docket/File Number:
2012-CV-002596

Result Amount:
$1,034,920

Result Date:
May 14, 2014

Judge:
Gerald P. Ptacek

Attorneys:
Plaintiff: Kristin M. Cafferty, Habush Habush & Rottier S.C., Racine, WI
Defendant: James O. Conway, Olsen, Kloet, Gusderson & Conway, Sheboygan, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$1,034,920
Compensatory Pain & Suffering: $810,000
Compensatory Past Medical: $79,186
Compensatory Future Medical: $60,000
Compensatory Past Wages: $20,184
Compensatory Future Wages: $40,550
Total Compensatory Award: $1,009,920
Punitive Damages: $0
Hedonic Damages: $0
Property Damages: $0
Interest: $0
Other Damages: $0
Loss of Services: $25,000
Loss of Services: Yes
Comparative Negligence Percentage: 15

Summary of Facts:
William Almond, II, an adult male invitee and frequenter of property owned and maintained by defendant Edward Meiter, reportedly suffered a calcaneal fracture, requiring open reduction internal fixation and future subtalar fusion surgery, and posttraumatic subtalar arthritis, when he allegedly fell from a ladder unto cement. The plaintiff contended that the defendant left the ladder unattended without informing him, and failed to exercise ordinary care. The jury awards for past medical expenses and past wage loss were answered by the court.

Court: Circuit Court of Wisconsin, Second Judicial District, Racine County.

Westlaw Citation:
2014 WL 8850140