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Case of the Month April 2019

Minor Receives $260K for Porch Fall

D.L.S. v. Flood

Case Type:
Premises Liability - Residential Property
Premises Liability - Fall from Elevation

Specific Liability:
Failure to maintain porch railing caused it to break and injure a minor

General Injury:
Unspecified personal injuries; medical expenses; lost wages

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiff's complaint: 2017 WL 10753701
Order for approval of minor settlement: 2018 WL 7080189

Case Name:
D.L.S. a minor, David Sweeny and Rebecca Sweeny, parents and natural guardians of the minor, and Carl L. Dubin, Guardian ad Litem, plaintiffs, Milwaukee County Medical Plan, involuntary plaintiff v. Christopher L. Flood and Lisa Flood, husband and wife, and Country Mutual Insurance Company

Docket/File Number:
2017-CV-003068

Result Amount:
Plaintiffs, $260,000

Result Date:
July 31, 2018

Judge:
William Sosnay

Attorneys:
Plaintiffs: Carl L. Durbin, Dubin & Balistreri Ltd., Milwaukee, WI
Defendants: Rick E. Hills, Hills Legal Group Ltd., Waukesha, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$136,500.00 to be invested in a structured settled for minor plaintiff D.L.S.
$5,582.96 to David Sweeney for lost wages
$2,916.04 to plaintiff Rebecca Sweeney for lost wages
$89,106.00 to plaintiffs' attorney for fees and costs

Summary of Facts:
D.L.S., a minor, was a frequenter and/or invitee on property owned by Christopher Flood and Lisa Flood. He was leaning against a railing on an elevated porch to put on his shoes when the railing broke and caused him to fall to the ground. The minor allegedly sustained unspecified personal injuries as a result of the incident. D.L.S. and his parents and natural guardians, David and Rebecca Sweeney, filed a lawsuit against Christopher and Lisa Flood and their insurer Country Mutual Insurance Company. The plaintiffs alleged the defendants should have known that the porch railing was in disrepair, failed to properly maintain the premises, and had actual knowledge of the unsafe condition. D.L.S. sought compensation for his physical injuries, pain, suffering, scarring and disability. David and Rebecca Sweeney sought compensation for lost wages, medical expenses and loss of consortium. The parties reached a settlement in the amount of $260,000.

Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2018 WL 7290652