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Case of the Month March 2023

Plaintiff Recovers $21K Following Slip, Fall on Accumulated Ice in Milwaukee Parking Garage

Lievrouw v. West Bend Mutal Insurance Company

Case Type:
Premises Liability - Slip/Trip & Fall
Premises Liability - Slippery Surface
Premises Liability - Negligent Repair/Maintenance
Premises Liability - Retail & Other Business Properties
Negligence-Other
Insurance - Property

Specific Liability:
Individual slipped and fell due to an accumulation of ice in a parking garage

General Injury:
Unspecified personal injuries

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

Related Court Documents:
Plaintiffs' civil complaint: 2020 WL 13596502
Stipulation and order for distribution of settlement proceeds: 2021 WL 9868525
Order for distribution of settlement proceeds and dismissal: 2022 WL 17548446

Case Name:
Lievrouw v. West Bend Mut. Ins. Co. et al.

Docket/File Number:
2020-CV-006760

Result Amount:
Plaintiff, $21,000

Result Date:
January 11, 2022

Judge:
Gwen Connolly

Attorneys:
Plaintiff: Todd Korb, Hupy and Abraham S.C., Milwaukee, WI
Defendants: Daniel K. Miller, Grady, Hayes & Neary LLC, Waukesha, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$4,313 to plaintiff for damages
$8,626 to plaintiff's workers compensation carrier Sentry Insurance, A Mutual Company, for payment of benefits
$8,061 to plaintiff's counsel for attorney fees

Summary of Facts:
Plaintiff Susan Lievrouw said she was walking through a parking garage owned, operated and/or maintained by defendant Kujawa Enterprises, which was insured by defendant West Bend Mutual Insurance Company, when she slipped and fell on accumulated ice.

The plaintiff claimed she suffered personal injuries due to the accident.

The plaintiff asserted Kujawa Enterprises' negligence, which included failing to remove ice and snow from the parking garage to prevent an unsafe condition, caused her accident. The plaintiff also asserted Kujawa Enterprises failed to properly warn her and other patrons of the unreasonably dangerous condition, and violated The Wisconsin Safe Place Statute, Wis. Stat. Section 101.11, by failing to property inspect and maintain the parking garage in a safe condition.

The parties agreed to resolve the plaintiff's claims arising from the accident for $21,000, and sought court approval of the settlement.

The court approved the settlement terms.

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

Westlaw Citation:
2022 WL 18280610