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Case of the Month April 2016

Fatal Construction Fall Results in $220K Settlement

Loppnow v. USAA Cas. Ins. Co.

Case Type:
Construction Accidents

Specific Liability:
Fall from roof

General Injury:
Death

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Related Court Documents:
Plaintiffs' complaint: 2013 WL 11248700
Defendants' pretrial report: 2015 WL 9917135
Stipulation and order for approval of settlement: 2015 WL 9918656

Case Name:
Loppnow v. USAA Cas. Ins. Co., Coursin

Docket/File Number:
2013-CV-002332

Result Amount:
$220,000

Result Date:
November 30, 2015

Judge:
Patrick C. Haughney

Attorneys:
Plaintiff: Michael J. Jassak, Laufenberg, Jassak & Laufenberg S.C., Milwaukee, WI
Plaintiff: Michael L. Laufenberg, Laufenberg, Jassak & Laufenberg S.C., Milwaukee, WI
Defendant: Patrick W. Brennan, Crivello Carlson S.C., Milwaukee, WI
Defendant: Timothy M. Johnson, Crivello Carlson S.C., Milwaukee, WI
Defendant: Todd D. Jex, Crivello Carlson S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiffs, $220,000
Total Compensatory Award: $220,000

Summary of Facts:
This wrongful death action was brought when Donald Loppnow, Jr., adult male working on a third story roof during construction of a home, reportedly sustained fatal injuries due to a fall from the roof on property owned by defendants Craig Coursin and Lisa Coursin, insured by defendant USAA Casualty Insurance Company, and with Craig Coursin acting as architect and general contractor for the construction project. The plaintiff estate contended Craig and Lisa Coursin negligently failed to provide safety equipment and knew or should have known that a dangerous condition existed. The defendants contended the plaintiff estate's sole remedy was under the Worker's Compensation Act. The decedent was survived by his spouse.

Court: Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Westlaw Citation:
2015 WL 10097378