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Case of the Month August 2022

Parties Reach $67.5K Settlement Following Dock Garage Door Falling on Employee at Work

Orr v. Oakbrook Corp.

Case Type:
Premises Liability - Falling Object
Premises Liability - Negligent Repair/Maintenance
Premises Liability - Retail & Other Business Properties
Negligence-Other
Vicarious Liability

Specific Liability:
Individual was struck by a defective automatic dock garage door at work

General Injury:
Unspecified personal injuries

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Related Court Documents:
Plaintiff's complaint: 2020 WL 13133674
Third party proceeds distribution agreement: 2021 WL 7709312
Order approving third party proceeds distribution agreement: 2021 WL 7709800
Order for dismissal 2021 WL 7709801

Case Name:
Orr, et al. v. Oakbrook Corp., et al.

Docket/File Number:
2020-CV-001651

Result Amount:
$67,500

Result Date:
May 27, 2021

Judge:
Frank D. Remington

Attorneys:
Plaintiff: Miles G. Lindner, Lindner Law L.L.C., Milwaukee, WI; David J. Bischmann, Lindner Law L.L.C., Milwaukee, WI
Defendants (Oakbrook Corp. and First Specialty): Robert W. Connell, Nelson, Connell & Slein S.C., Waukesha, WI
Defendant (Travelers Property Casualty Co.): Nick G. Kotsonis, Crivello Carlson S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$14,393 to plaintiff for damages
$28,786 to plaintiff's workers compensation insurance provider as reimbursement for payments
$24,321 to plaintiff's counsel for attorney fees and costs

Summary of Facts:
Plaintiff Annette Orr, an adult female, said she was employed by Thermo Fisher Scientific, a biotechnology company located in Fitchburg, Wis. The plaintiff said defendant Oakbrook Corporation owned, managed and maintained the property where her employer's office was located, and defendant First Specialty Insurance Corporation (FSIC) insured the property. Defendant Travelers Property Casualty Company of America was reportedly the plaintiff's employer's workers compensation insurance provider.

The plaintiff said although Oakbrook Corporation's maintenance employee attempted to repair an automatic dock garage door located on her employer's premises and the door's electronic safety sensor, the dock door fell on her when she was standing under it, causing her to fall to the ground and be struck by the door several times.

The plaintiff said she suffered unspecified personal injuries due to the accident which caused her to incur medical expenses and lost wages.

In a complaint, the plaintiff asserted Oakbrook Corporation's negligence, which included failing to repair and properly maintain the dock door and its electronic safety sensor, failing to warn her and other employees the dock door and its electronic safety sensor were defective and could randomly close or fall at any time and failing to maintain her employer's premises in a reasonably safe condition, caused the accident.

The plaintiff also contended Oakbrook Corporation was liable for its employees' and/or representatives' negligence in failing to properly repair the dock door and its electronic safety sensor.

The parties agreed to resolve the plaintiff's claims arising from the accident for $67,500, and sought court approval of the settlement.

The court approved the settlement terms.

Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2021 WL 8821707