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Case of the Month March 2020

Scissors Lift Fall Results in $2.8M Settlement

Schiavone v. Central Storage & Warehouse

Case Type:
Labor & Employment - Work Place Injury
Premises Liability - Fall from Elevation

Specific Liability:
Forklift driver collided with scissors lift, causing individual to fall of the scissors lift and onto the concrete floor

General Injury:
Head, neck and back; medical expenses; lost wages

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

Related Court Documents:
Plaintiff's complaint: 2018 WL 10246439
Expert Report on the Economic Damages of David Schiavone of Charles H. Breeden, Ph.D.: 2019 WL 7858557
Order for Approval of Distribution of Third-Party Settlement Proceeds and for Dismissal: 2019 WL 7563525

Case Name:
David L. Schiavone and Cheryl A. Schiavone v. Central Storage and Warehouse Company and The Cincinnati Insurance Company

Docket/File Number:
2018-CV-000622

Result Amount:
$2,800,000

Result Date:
November 26, 2019

Judge:
David Bastianelli

Attorneys:
Plaintiffs: George Burnett, Conway, Olejniczak & Jerry S.C., Green Bay, WI
Defendants: Michael S. Murray, Kasdorf, Lewis & Swietlik S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$506,443.79 to plaintiff David Schiavone
$687,361.11 to Secura Insurance
$325,526.46 to plaintiff David Schiavone as a credit or cushion against additional claims under workers compensation
$500,000.00 to plaintiff Cheryl Schiavone
$780,668.64 to plaintiffs' attorney for fees and costs

Summary of Facts:
David Schiavone was working on a scissors lift at a facility owned by Central Storage & Warehouse Company, when one of its employees, operating a forklift, struck the scissors lift, which caused Schiavone to fall onto the concrete floor. Schiavone sustained neck and back injuries as a result of the incident.

David and his spouse Cheryl Schiavone filed a lawsuit against Central Storage & Warehouse Company, and its insurer, The Cincinnati Insurance Company. The plaintiffs alleged Central Storage failed to require its industrial truck drivers to slow down and sound the horn when crossing aisles, and failed to ensure that industrial truck drivers did not travel with a load trailing when their vision was obstructed. David sought compensation for his bodily injuries, medical expenses, lost wages, pain and disability. Cheryl made a claim for loss of society, companionship and consortium.

The parties reached a settlement in the amount of $2.8 million

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

Westlaw Citation:
2019 WL 7572333