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Case of the Month January 2019
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Case of the Month January 2019

Icy Parking Lot Slip, Fall

Barbolla v. Jimmy's Hawg Heaven

Case Type:
Premises Liability - Tavern
Premises Liability - Parking Lot


Specific Liability:
Defendant allegedly organized the parking lot as part of a snowmobile trail making it unnaturally slippery

General Injury:
Fracture of One Ankle

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

Related Court Documents:
Plaintiff's amended complaint: 2018 WL 6003157
Verdict form: 2018 WL 6003023
Judgment: 2018 WL 6016581

Case Name:
Barbolla v. Jimmy's Hawg Heaven Inc. A/K/A Jimmys Hawg HEaven L.L.C.; Society Insurance

Docket/File Number:
2016-CV-001188

Result Amount:
$257,356
Judge Reduced Award To: $154,413


Result Date:
June 28, 2018

Judge:
Anthony Milisauskas

Attorneys:
Plaintiff: Michael E. Maher, Salvi & Maher L.L.C., Waukegan, IL
Defendant: Jeffrey Leavell, Jeffrey Leavell S.C., Racine, WI
Defendant: Kris Bartos, Jeffrey Leavell S.C., Racine, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total: $257,356
Judge Reduced Award To: $154,413
Compensatory Pain & Suffering: $202,645
Compensatory Past Medical: $49,693
Compensatory Past Wages: $5,018
Total Compensatory Award: $257,356
Final Demand: $95,000
Final Offer: $10,000
Comparative Negligence Percentage: 40

Summary of Facts:
Amanda Barbolla, an adult female patron of defendant Jimmy's Hawg Heaven Inc. a/k/a Jimmy's Hawg Heaven L.L.C., reportedly suffered an open right ankle fracture and dislocation, requiring surgery and physical therapy, when she slipped and fell on black ice while walking in the parking lot. The plaintiff contended that the defendant organized the parking lot as part of a snowmobile trail, which caused the dangerous and unnaturally slippery condition near the front entrance, failed to clear snowmobile tracks from the parking lot, negligently plowed the parking lot by creating a large snow bank that caused run-off and became black ice, and failed to have proper drainage near the front entrance. The defendant denied liability.

Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Westlaw Citation:
2018 WL 6182448


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