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Case of the Month November 2019

Icy Slip, Fall Settles for $700K

Olson v. Old Republic Insurance

Case Type:
Premises Liability - Fall
Premises Liability - Commercial Property
Premises Liability - Maintenance/Repair

Specific Liability:
Failure to remove accumulation of snow and ice

General Injury:
Fracture of One Ankle, Partial Tear of Right Rotator Cuff

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

Related Court Documents:
Plaintiff's second amended complaint: 2017 WL 10810096
Order for dismissal: 2018 WL 7260366

Case Name:
Olson v. Old Republic Insurance Company; Penske Truck Leasing Co. L.P.; American Family Mutual Insurance Company, S.I.; Streamline Home Improvements, L.L.C.

Docket/File Number:
2016-CV-008253

Result Amount:
$700,000

Result Date:
August 02, 2018

Judge:
Timothy Witkowiak

Attorneys:
Plaintiff: Nicholas L. Hermann, Gruber Law Offices L.L.C., Milwaukee, WI
Plaintiff: Timothy S. Knurr, Gruber Law Offices L.L.C., Milwaukee, WI
Defendant: Daniel M. Pedriana, Linder & Marsack S.C., Milwaukee, WI
Defendant: Patrick J. Lubenow, SmithAmundsen L.L.C., Milwaukee, WI
Defendant: Matthew L. Granitz, Piper, Schmidt & Wirth, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total: $700,000

Summary of Facts:
Christopher Olson, an adult male walking on property owned by defendant Penske Truck Leasing Co. L.P. and maintained by defendant Streamline Home Improvements, L.L.C., reportedly suffered a right ankle distal fibula fracture and a partial tear of the right rotator cuff, which required surgeries, prevented him from working as a truck driver and caused a 10% permanent partial disability to his right ankle and a 10% permanent permanent partial disability to his right shoulder, when he slipped and fell due to an accumulation of snow and/or ice. The plaintiff contended that defendant Streamline Home Improvements failed to remove the accumulation of snow and ice from the property. He also contended that defendant Penske Truck Leasing Co. L.P. failed to properly repair and maintain the property.

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

Westlaw Citation:
2018 WL 9731989