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Case of the Month April 2020

Worker Injured by Falling Gate

Decker v. Waste Management of Wisconsin

Case Type:
Negligence

Specific Liability:
Gate fell on top of the plaintiff as she walked by it

General Injury:
Fracture of One Hip

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

Related Court Documents:
Plaintiff's complaint: 2018 WL 10407523
Defenants' pretrial report: 32019 WL 7859491
Settlement order: 2019 WL 7879450

Case Name:
Decker v. Waste Management of Wisconsin; Schreiner

Docket/File Number:
2018-CV-003056

Result Amount:
$237,500

Result Date:
September 06, 2019

Judge:
Kevin E. Martens

Attorneys:
Plaintiff: Krista G. LaFave Rosolino, Warshafsky, Rotter, Tarnoff & Bloch S.C., Milwaukee, WI
Defendant: Brian D. Baird, Borgelt, Powell, Peterson & Frauen S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Vocational Rehabilitation: Schutz, Kevin, M.S., Professional Rehabilitation Services Ltd., Madison, WI
Defendant: Not Reported

Breakdown of Award:
$237,500

Summary of Facts:
Barbara Decker, an adult female concrete worker, claimed she suffered a left hip fracture that required open reduction and internal fixation when she was installing a residential concrete driveway with a construction crew that parked its vehicles, including a truck with a trailer, in a nearby street and left the trailer's rear gate in the down position, and defendant Chad Schreiner, was driving a garbage truck, owned by defendant Waste Management of Wisconsin Inc., his employer, was not able to proceed down the street due to the vehicles and the trailer gate blocking his way, got out of his truck, lifted the trailer gate to a vertical position, attempted to secure it in place by leaning an ice scraper against it, and drove away, resulting in the gate falling on top of the plaintiff as she walked by it. The plaintiff contended the defendants were negligent in failing to secure the gate with its safety pin. The defendants denied liability and contended Schreiner attempted to ask the construction crew for help in clearing the roadway, but he was ignored and was required to lift the trailer gate on his own. The parties agreed to settle the plaintiff's claims and a portion of the proceeds were distributed to an insurance company for repayment of worker's compensation expenses.

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

Westlaw Citation:
2019 WL 8060980