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Case of the Month June 2016

Jury Awards $1.7M for Remodeling Injuries

Williamson v. Owners Ins. Co.

Case Type:
Premises Liability - Falling Object
Premises Liability - Negligent Repair/Maintenance

Specific Liability:
Unsecured joist board fell and struck individual on the head

General Injury:
Head; medical expenses; lost wages

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Fourth Judicial District, Winnebago County.

Related Court Documents:
Plaintiff's amended complaint: 2015 WL 10634672
Verdict form: 2015 WL 10634722
Judgment: 2015 WL 10634934

Case Name:
Jeffrey P. Williamson v. Owners Insurance Company and ABC Insurance Company

Docket/File Number:
2014-CV-000170

Result Amount:
Plaintiff, $1,763,993; reduced in judgment to $1,258,982 per negligence apportionment

Result Date:
September 25, 2015

Judge:
Karen L. Seifert

Attorneys:
Plaintiff: John D. Claypool, Herrling Clark Law Firm Ltd., Appleton, WI
Defendant: John M. Thompson, Everson, Whitney, Everson & Brehm S.C., Green Bay, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiff, $1,763,993; reduced in judgment to $1,258,982 per negligence apportionment
$140,391.59 to plaintiff for past healthcare expenses (answered by court)
$228,640.00 to plaintiff for future healthcare expenses
$322,961.00 to plaintiff for life care expenses
$358,000.00 to plaintiff for past pain, suffering and disability
$717,000.00 to plaintiff for future pain, suffering and disability
The jury determined the Allcox was 71.25 percent negligent and the plaintiff was 28.75 negligent.

Summary of Facts:
Jeffrey Williamson was reportedly assisting in the remodeling of a home owned by Julie Allcox, when a joist board fell and struck him on the head. Williamson allegedly sustained unspecified personal injuries as a result of the incident.

Allcox was insured by owners Insurance Company at the time of the incident.

Williamson filed a lawsuit against Owners Insurance Company. The plaintiff alleged Allcox was negligent in failing to nail or otherwise secure the joist boars to the bearing walls. He asserted claims of violation of the Wisconsin Uniform Dwelling Codes and Code of Federal Regulations, and negligence. Williamson sought compensation for his personal injuries, medical expenses, lost earnings, wage loss, and pain and suffering.

A jury determined Allcox was 71.25 percent negligent and Williamson was 28.75 percent negligent. The plaintiff was awarded damage sin the total amount of $1,763,992.59.

The award was reduced in judgment to $1,258,982.10 per the negligence apportionment.

Court: Circuit Court of Wisconsin, Fourth Judicial District, Winnebago County.

Westlaw Citation:
2015 WL 10648911