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Case of the Month January 2022

Minor Recovers $17.5K in Negligence Suit Against Property Owner Related to Carbon Monoxide Poisoning

Szydlowski v. Bahena

Case Type:
Negligence-Other
Landlord/Tenant - Lease-Residential
Landlord/Tenant - Habitability
Insurance - Property

Specific Liability:
Tenants and a minor who were living at a rented home asserted that they were exposed to carbon monoxide after the residence's water heater failed and the home's owner had failed to install and maintain functional carbon monoxide detectors in the residence

General Injury:
Unspecified injuries due to exposure

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

Related Court Documents:
Plaintiffs' complaint: 2018 WL 11365087
Plaintiffs' petition for approval of minor settlement: 2020 WL 12028960
Order approving minor settlement: 2020 WL 12163654

Case Name:
S.S., a minor, by his guardian ad litem, Jason R. Oldenburg v. Sherri Szydlowski, Gregg Szydlowski, Jacob Szydlowski and Samantha Szydlowski v. Sharon D. Bahena and American Family Insurance

Docket/File Number:
2018-CV-000408

Result Amount:
$17,500

Result Date:
November 30, 2020

Judge:
Chad G. Kerkman

Attorneys:
Plaintiffs: Robert O'Reilly, Ademi & O'Reilly L.L.P., Cudahy, WI; Mark A. Eldridge, Ademi & O'Reilly L.L.P., Cudahy, WI; Ben J. Slatky, Ademi & O'Reilly L.L.P., Cudahy, WI; Jason R. Oldenburg, Glendale, WI
Defendant (Bahena): Benjamin W. Jonas, Piper, Schmidt & Wirth, Milwaukee, WI; Michael J. Wirth, Piper, Schmidt & Wirth, Milwaukee, WI; Joseph M. Wirth, Piper, Schmidt & Wirth, Milwaukee, WI; Amanda E. Melrood, Piper, Schmidt & Wirth, Milwaukee, WI
Defendant (American Family): Vicki L. Arrowood, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$4,375.00 to plaintiff Jason Oldenburg, minor S.S.'s attorney and guardian ad litem, for payment of attorney fees
$3,770.21 to plaintiff Jason Oldenburg, minor S.S.'s attorney and guardian ad litem, for payment of attorney costs
$9,354.79 to Chase Bank to be invested in a certificate of deposit or an account for the future use and benefit of minor S.S.

Summary of Facts:
Sherri, Gregg, Jacob and Samantha Szydlowski, as well as minor S.S., reportedly resided in a single family residence located on Skinner Drive in Twin Lakes, Wis. The home was apparently owned by Sharon Bahena, and the Szydlowskis and S.S. were allegedly tenants on the property. The Szydlowskis said that when they were residing at the house, the house's water heater failed during the spring of 2016, and the water heater began to emit carbon monoxide gas.
According to the Szydlowskis, Bahena had failed to install and maintain carbon monoxide detectors on the premises. As a result, the Szydlowskis asserted that they and S.S. were exposed to carbon monoxide gas, and suffered injuries due to such exposure.
Specifically, the Szydlowskis said that they all received medical attention due to their exposure, and Sherri was transported to a hospital in Milwaukee, Wis. in order to receive oxygen treatment.
Sherri, Gregg, Jacob and Samantha Szydlowski, as well as minor S.S., filed a complaint against Bahena. In their complaint filed in April 2018, the plaintiffs asserted that Bahena's negligence had caused their carbon monoxide exposure and resulting injuries and damages.
Specifically, the plaintiffs argued that the defendant had failed to properly maintain a water heater that was installed on the property by failing to have it routinely inspected. The plaintiffs also contended that the defendant had failed to install and maintain a working carbon monoxide detector on the premises.
The plaintiffs further contended that Bahena had failed to comply with provisions of Wisconsin Statute Section 101.149 by renting the premises without installing and maintaining a functional carbon monoxide detector on the premises.
In addition, the plaintiffs asserted that Bahena had improperly withheld their security deposit when they moved out of the residence.
The plaintiffs sought damages for their and S.S.'s personal injuries and medical expenses, together with interest, attorney fees and costs of court in the matter.
According to court documents, the parties were able to reach a settlement agreement, in which Bahena and her insurance provider, American Family Insurance Company, agreed to pay the sum of $17,500 in order to settle the plaintiffs' claims asserted on behalf of S.S. against them.
In an order approving minor settlement signed Nov. 30, 2020, the court approved the parties' settlement agreement and entered judgment in S.S.'s favor and against Bahena and American Family Insurance in the total amount of $17,500.

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

Westlaw Citation:
2020 WL 12432301