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Case of the Month December 2017

Nursing Home Falls Returns $174K

Whalen v. MMIC Ins.

Case Type:
Premises Liability - Fall

Specific Liability:
Fall: Assisted Living Facility

General Injury:
Multiple Fractures of One Arm
Knee Fracture; Concussion; Unspecified/Unknown Other Injuries

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

Case Name:
Whalen v. MMIC Insurance, Inc.; Capri Communities LLC D/B/A Killarney Kourt

Docket/File Number:
2015-CV-001796

Result Amount:
$174,842

Result Date:
April 05, 2017

Judge:
Kevin E. Martens

Attorneys:
Plaintiff: Andrew Wier, Habush Habush & Rottier S.C., Racine, WI
Plaintiff: Tony M. Dunn, Habush Habush & Rottier S.C., Racine, WI
Defendant: Michael L. Johnson, Otjen, Gendelman, Zitzer, Johnson & Weir S.C., Waukesha, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Compensatory Pain & Suffering: $75,000
Compensatory Past Medical: $99,842
Total Compensatory Award: $174,842
Comparative Negligence Percentage: 49

Summary of Facts:
Mary Whalen, an elderly female walking outside the exit door of her independent living facility managed by defendant Capri Communities LLC d/b/a Killarney Kourt and insured by defendant MMIC Insurance, LLC, allegedly sustained a four part fracture of her left arm, right knee fracture, concussion and left shoulder injury when she slipped and fell due to an icy sidewalk. The plaintiff alleged the premises was not maintained in a reasonably safe condition. Defendant Capri Communities LLC d/b/a Killarney Court was found 51% negligent.

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

Westlaw Citation:
2017 WL 4447742